DHS Proposes Raising Fees for H-1B, L-1B Visa Extensions

Employers may soon need to pay thousands of additional dollars to extend work visas for foreign workers. In a new proposed rule, the Department of Homeland Security (DHS) would require that employers pay $4,000 to extend an H-1B visa and $4,500 to extend an L-1 visa as part of the 9/11 Response and Biometric Entry-Exit Fee. Currently, employers only pay the fee for initial and change of employer petitions.

Background of the 9/11 Response Fee

The 9/11 Response and Biometric Entry-Exit Fee funds national security programs, including a system to track the entry and exit of non-U.S. citizens. This fee, set by the Consolidated Appropriations Act of 2016, applies to certain H-1B and L-1 visa petitions.

The new rule proposes extending the fee requirement to cover extension petitions as well. This means that employers meeting the criteria would need to pay the $4,000 or $4,500 fee not only when filing initial H-1B or L-1 petitions or changing employers but also when extending the employment period of an existing H-1B or L-1 visa holder.

Impact on Employers

If the rule goes into effect, employers who are subject to the fee will see an increase in their costs associated with H-1B and L-1 visa petitions. This could particularly impact large companies heavily reliant on these visas for their workforce. For example, an employer with a significant number of H-1B or L-1 visa holders who need to extend their visas will face additional financial burdens. This change may also cause companies to change their hiring strategies, possibly taking a more cautious approach when extending employment for foreign workers.