H-1B visa extension fees could rise: What employers need to know about Trump Admin's proposal
The administration of US President Donald Trump is preparing to significantly tighten the H-1B visa regime by expanding an existing government fee to cover visa
The administration of US President Donald Trump is preparing to significantly tighten the H-1B visa regime by expanding an existing government fee to cover visa extension petitions, a move that could substantially increase costs for companies employing large numbers of foreign workers. The proposal, now in the final stage of the federal rulemaking process, would require certain employers to pay an additional $4,000 fee for H-1B extensions and $4,500 for L-1 extensions, in addition to the fees already charged for new petitions. If finalized, the rule would mark one of the most significant changes to H-1B filing costs in recent years, affecting technology firms, consulting companies and multinational employers that rely heavily on skilled foreign workers. What is changing? The proposed rule expands the scope of the 9-11 Response and Biometric Entry-Exit Fee, which currently applies only to Initial H-1B and L-1 visa petitions.
Change-of-employer petitions. Under the proposal, the same fee would also apply whenever eligible employers file extension-of-stay petitions for existing H-1B or L-1 employees. The Department of Homeland Security (DHS) says the amendment clarifies congressional intent by ensuring the fee applies to all extension requests, regardless of whether the employee changes employers. Which employers will be affected? The additional fee will apply only to companies that Employ 50 or more workers in the United States, and Have more than 50% of their workforce in H-1B or L-1 status. These thresholds remain unchanged under the proposal. Employers outside these criteria would not be subject to the additional biometric fee. How much will companies pay? If the rule takes effect, qualifying employers would pay $4,000 for every H-1B extension petition.
$4,500 for every L-1 extension petition. These charges would be in addition to existing USCIS filing fees and other applicable visa-related costs. The rule would continue to apply to petitions filed through September 30, 2027. Also Read | US unveils global visa policy targeting cybercriminals: What to know Why is DHS making the change? According to DHS, the expanded fee is intended to generate additional funding for the government's biometric entry-exit system. The department argues that revenue from the existing fee is no longer sufficient to maintain and expand biometric screening infrastructure at US borders. The additional collections would help Customs and Border Protection (CBP) Maintain current biometric entry and exit operations. Expand biometric systems to additional air, sea and land ports.
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