Some employers filing H1B or L1 extensions now face an additional $4,000 or $4,500 fee, even when the employee stays with the same company. So let us dive into this H1B extension fee as well as the L1 counterpart.
The change took effect on September 9, 2026.
DHS expanded the 9-11 Response and Biometric Entry-Exit Fee to cover all extension-of-status petitions filed by certain employers. Previously, the fee did not apply to many extensions involving the same employer and employee.
The amounts themselves are not new. The change is when employers must pay them. USCIS also released a new Form I-129 edition dated 09/09/26 to reflect the updated rules.
If your company sponsors H1B or L1 employees, the first question is whether DHS considers you a covered employer.
Who has to pay the new H1B extension fee?
The rule does not apply to every company that sponsors an H1B worker. An employer falls within the rule when both of these conditions apply:
- It employs 50 or more people in the United States.
- More than 50% of those U.S. employees hold H1B, L1A or L1B status.
DHS refers to companies that meet this test as covered employers. For those employers, the additional fee is:
| Petition | 9-11 Biometric Fee |
|---|---|
| H1B | $4,000 |
| L1 | $4,500 |
A company with fewer than 50 U.S. employees does not pay this fee.
The same is true when a company has 50 or more employees but does not cross the 50% H1B/L1 workforce threshold.
That distinction matters if your company regularly uses H1B or L1 sponsorship but has never considered itself subject to this fee.
What changed for H1B and L1 extensions?
This is where the September rule makes the biggest practical difference. DHS now requires covered employers to pay the fee for all H1B and L1 extension-of-status petitions.
That includes cases where the employee remains with the same employer.
Under the previous interpretation, many of those extensions avoided the fee because they did not trigger the separate Fraud Prevention and Detection Fee. DHS has now changed that interpretation.
For example, imagine a covered employer has an H1B professional whose status is expiring. The company wants to keep the employee in the same position and requests another period of H1B status.
Under the new rule, that extension can trigger the additional $4,000 H1B extension fee. For an L1 extension under the same circumstances, the additional amount is $4,500. For employers managing several extensions each year, those costs can add up quickly.
If your company has a large H1B or L1 workforce, Loigica can help you review whether the covered-employer test applies before your next extension filing.
Are any amended H1B or L1 petitions exempt?
Yes.
A covered employer does not owe the 9-11 Biometric Fee when it files an amended petition without requesting an extension of the worker’s current status.
For example, an employer may need to amend a petition because the terms of employment changed. If that filing does not also extend the employee’s authorized H1B or L1 stay, the additional fee does not apply.
Once an extension of status becomes part of the request, the analysis changes. That makes the purpose of the filing important when calculating the total I-129 fee before submission.
What changed with the new Form I-129?
USCIS published a new I-129 form on September 9 to align the petition with the final fee rule. The new edition date is 09/09/26.
However, employers do not have to switch to it immediately.
USCIS will continue accepting the previous 02/27/26 edition through November 8, 2026. Beginning November 9, USCIS will accept only the 09/09/26 edition.
That creates two separate dates to keep in mind:
- September 9: the new fee rule took effect.
- November 9: the new Form I-129 edition becomes mandatory.
So, using the older accepted form does not exempt an employer from the new fee rules. If a qualifying H1B or L1 petition is filed now, the employer must calculate the fee under the rule already in effect.
Why did DHS expand the fee?
Congress created the 9-11 Response and Biometric Entry-Exit Fee to help fund the federal biometric entry-exit system. The fee already applied to certain H1B and L1 petitions filed by covered employers.
DHS concluded that the statute also requires collection for extension-of-status petitions, including extensions with the same employer. The final rule changes the regulations to follow that interpretation. DHS estimates the change significantly expands the number of covered petitions.
From fiscal years 2018 through 2025, about 27% of H1B petitions from covered employers paid the fee. DHS estimates that figure would have reached about 75% under the new interpretation.
The fee currently applies to qualifying petitions filed through September 30, 2027, based on the existing statutory sunset date.
Is this related to the proposed $103,265 H1B fee?
They are separate measures.
The $4,000 H1B fee discussed here comes from the existing 9-11 Response and Biometric Entry-Exit Fee. The September rule expands the filings that trigger it.
The $103,265 H1B fee announced by DHS in August is still a proposed rule. It has not taken effect.
Employers should keep these developments separate when estimating future sponsorship costs. A company could otherwise assume that every H1B filing now carries one of these large fees. That is not the case.
What should employers review before the next I-129 filing?
If your company sponsors H1B or L1 employees, start with the workforce test. Confirm:
- how many employees you have in the United States;
- how many hold H1B, L1A, or L1B status;
- whether the filing requests an extension of status;
- whether an amended petition also includes an extension;
- which Form I-129 edition you plan to submit;
- which additional USCIS fees apply to that specific filing.
Do this before calculating the final filing amount.
A missing required fee can create an avoidable problem with the petition. Using an outdated Form I-129 after November 8 can also result in rejection.
If you are an H1B or L1 employee, your employer handles the petition. Still, knowing about the change can help you understand why an upcoming extension may require different planning.
If your company is preparing an H1B or L1 extension, contact Loigica. We can review the petition type, applicable fees, and filing requirements before submission.
Camilo Espinosa
Managing Attorney and Co-Founder at Loigica
Disclaimer
This article provides general information about the September 2026 H1B and L1 fee changes. It does not constitute legal advice or create an attorney-client relationship.
Fee requirements depend on the employer and the type of petition filed. Employers should confirm current USCIS requirements before submitting Form I-129.
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Planning an H1B or L1 Extension?
Your filing costs may have changed under the September rule. Loigica can help your company review the applicable fees and Form I-129 requirements before filing.