US Rule Expands Visa Extension Fees for Large Employers

The US Department of Homeland Security has introduced a new rule that will significantly increase recurring immigration expenses for companies relying heavily on foreign talent. The final rule, set to take effect on September 9, expands the USD 4,000 fee on H-1B petitions and the USD 4,500 levy on L-1 petitions to include visa extensions submitted by specific employers, even when workers remain with the same firm.

The regulation applies exclusively to firms employing at least 50 workers in the United States, where over 50 per cent of the domestic workforce collectively holds H-1B, L-1A or L-1B status. Under the updated mandate, such companies must submit the 9/11 Response and Biometric Entry-Exit Fee every time they seek an extension for a covered worker's stay.

The adjustment will widen the volume of applications liable for these existing charges, with impacted employers incurring USD 4,000 for each qualifying H-1B application and USD 4,500 per L-1 filing. The financial obligation rests entirely on the employer, with DHS dismissing proposals that would allow foreign professionals to fund the charge if their companies were unwilling to pay.