Indian professionals working in the United States on H-1B and L-1 visas could face indirect employment-related consequences after the US government expanded an existing immigration fee to cover certain visa extension petitions.
The Department of Homeland Security (DHS) has expanded the scope of the 9-11 Response and Biometric Entry-Exit Fee to include H-1B and L-1 extension-of-stay petitions filed by certain employers. The final rule was published on August 10 and is scheduled to take effect on September 9, 2026.
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The fee itself has not increased. Under the expanded rule, qualifying employers will have to pay $4,000 for an H-1B petition and $4,500 for an L-1 petition.
Importantly, the additional charge will not apply to every employer sponsoring H-1B or L-1 workers.
The rule applies to companies that employ at least 50 people in the US and have more than 50 per cent of their workforce in H-1B or L-1 nonimmigrant status. This is commonly referred to as the “50-50 rule”.
For employers meeting both conditions, the fee will now apply to extension-of-stay petitions in addition to categories already covered under the existing system. This means companies could face the charge when seeking to extend the status of an existing foreign employee.
The 9-11 Response and Biometric Entry-Exit Fee itself is not new. Congress introduced the charge in December 2015, with the funds intended to support the US biometric entry-exit system, which uses biometric information to help verify the identities of people entering and leaving the country.
The latest change is significant for Indian professionals because of their large presence in the US H-1B programme.
According to US Citizenship and Immigration Services data, Indian-born beneficiaries accounted for around 71 per cent of H-1B petitions approved in fiscal year 2024. China was the second-largest group, accounting for roughly 12 per cent.
For a company employing a small number of affected workers, the additional cost may be manageable. However, for large technology companies, consulting firms and IT services providers with hundreds or thousands of foreign employees, repeated fees could become a significant expense.
DHS estimates that extending the fee requirement to additional petitions could generate approximately $157.3 million annually, with the revenue linked to the government’s biometric entry-exit programme.
The fee is payable by the qualifying employer, not the individual worker. Indian H-1B and L-1 professionals therefore do not have to make a separate payment simply because their employer falls under the new rule.
However, the financial impact could still be felt indirectly. Companies may factor higher immigration-related expenses into decisions involving hiring, sponsorship and retention of foreign employees.
The new measure should also not be confused with the separate $100,000 H-1B fee announced by the Trump administration. The two are distinct policies.
The $4,000 H-1B and $4,500 L-1 charges are part of an existing statutory fee, with the latest rule expanding the circumstances in which certain employers must pay it.
Therefore, not every H-1B or L-1 extension will automatically attract the additional charge. Whether it applies will depend primarily on the employer’s workforce composition and the type of petition being filed.
For Indian professionals, the rule adds another layer to an already closely watched US employment-based immigration system, with employers likely to assess the additional costs as they make future hiring and sponsorship decisions.
