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In a final rule released Aug. 10, 2026, the Department of Homeland Security (DHS) announced that employers with at least 50 U.S. employees, with more than half of whom holding H-1B, L-1A or L-1B status, must pay the Biometric Fee, $4,000 for an H-1B petition or $4,500 for an L-1 petition, for all extension-of-status petitions. Amended petitions that do not request an extension remain exempt. The rule goes into effect on Sept. 9, 2026.
Until now, DHS generally collected the fee when a covered employer first sponsored a worker or filed a change-of-employer petition but not for an extension petition. The agency said that approach improperly tied the biometric fee to a separate fraud-prevention fee. According to DHS, Congress signaled in the Consolidated Appropriations Act of 2016 that the biometric fee also applies to extensions of status.
DHS reported that only 27% of H-1B petitions filed by covered employers between fiscal years 2018 and 2025 were charged the fee. Had the new interpretation applied during that period, approximately 75% would have been subject to the fee. DHS did not provide a comparable calculation for L-1 petitions.
Employers, particularly smaller businesses, raised cost concerns during the rulemaking process. DHS received 146 public comments and estimated that, at most, about 16% of small businesses filing H-1B or L-1 petitions could be affected. The agency acknowledged the added burden but added that the result reflects the best reading of the statute and Congress’ intent.
DHS also said the added collections are needed to implement and maintain its biometric entry-exit system, which is designed to strengthen security and detect fraudulent travel documents. It expects the rule to generate an additional $37.9 million in fiscal year 2026 and $40 million in fiscal year 2027.
Under previous congressional action (Public Law 114–113), the Biometric Fee applies to qualifying petitions filed on or before Sept. 30, 2027.
Covered employers should review upcoming extension-of-status filings now and account for the additional cost in their budgets.
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