US Expands 9-11 Fee on Employers Sponsoring H-1B and L-1 Visa Holders

The US Department of Homeland Security (DHS) is set to impose an additional fee on employers sponsoring H-1B and L-1 visa holders. The new rule, scheduled for publication in the Federal Register on August 10, will require qualifying employers to pay $4,000 for H-1B extensions and $4,500 for L-1 extensions.

The expansion of the 9-11 Response and Biometric Entry-Exit fee applies to employers with at least 50 US employees and more than 50% of their workforce on H-1B or L-1 visas. This '50-50 test' will now include extension-of-stay petitions for existing workers, not just initial grants and change-of-employer petitions.

Immigration law firm Fragomen explained that the regulation 'will also apply the fee to all H-1B and L-1 extension of stay petitions filed by subject employers.' The final rule does not increase the existing fee but expands it to cover same-employer extensions, according to Chugh LLP.

Indian professionals on H-1B and L-1 visas may see an indirect impact due to employers considering immigration costs when making hiring, retention, and sponsorship decisions. The additional fees are just one component of the overall cost of sponsoring foreign workers.