DHS Expands Biometric Fees for H-1B and L-1 Extensions

The United States Department of Homeland Security issued a final rule expanding the 9/11 Response and Biometric Entry-Exit Fee to include visa extension petitions for H-1B and L-1 visas, effective September 9. The rule targets visa-dependent employers—firms with at least 50 U.S. employees where more than 50% of the workforce holds H-1B, L-1A, or L-1B status. These companies must now pay $4,000 for H-1B extensions and $4,500 for L-1 extensions, regardless of whether a fraud-prevention fee applies.

Federal officials stated the change corrects a previous misinterpretation of a 2015 statute. The expansion aims to fund biometric verification systems at U.S. ports after collections dropped from $158 million in fiscal 2016 to $25.6 million in fiscal 2025. The department projected the rule will generate an additional $37.9 million in fiscal year 2026 and $40 million in fiscal year 2027. DHS mandated that the financial obligation rests solely with the employer, dismissing industry concerns that the costs would deter the retention of foreign talent.

Separately, the Trump administration is considering a proposal to eliminate the 60-day grace period that allows laid-off foreign workers on H-1B, L-1, and O-1 visas to find new employment or change status. The United States Office of Management and Budget is currently reviewing the proposed regulation. Critics, including former advisory commission member Ajay Bhutoria, have described the potential removal of the grace period as inhumane and unworkable.