- The Trump administration is planning to make H-1B and L-1 visa extensions significantly more expensive by expanding an existing additional fee to cover routine extension petitions.
- If the proposed changes are implemented, employers will have to pay for routine extensions of stay for existing employees in addition to the existing fees for new petitions.
- Indian nationals receive the largest share of H-1B visas issued every year, making them the group most likely to be affected if the proposal is implemented.
- According to the Department of Homeland Security’s agenda, a final rule related to the petitions seeking work visa extensions under the '9-11 Response and Biometric Entry-Exit Fee' is expected in a few weeks.
- The 9-11 Response and Biometric Entry-Exit Fee was introduced under Public Law 114-113 in 2015 and originally applied to specific H-1B and L-1 petitions, such as initial applications and certain employer changes.
- The fee is intended to help fund border security and biometric entry-exit programs in the US.
- The proposed rule for expanding the additional visa fee on H-1B and L-1 comes after a US federal appeals court declined to block a court order that struck down the Trump administration’s proposed $100,000 fee on new H-1B visas for highly skilled foreign workers.
The Trump administration's proposal to expand the 9-11 fee to H-1B and L-1 visa extensions could significantly increase costs for U.S. employers. Currently, companies pay an additional $4,000 for H-1B petitions and $4,500 for L-1 petitions when filing initial grants or changes in status.
If implemented, employers will also incur these fees for routine extensions of existing employees. This change is particularly impactful for Indian nationals, who represent 70% of H-1B recipients, making them the most affected group.3
The 9-11 Response and Biometric Entry-Exit Fee was introduced under Public Law 114-113 in 2015, initially applying to specific petitions. The proposed rule aims to fund border security and biometric programs in the U.S.56
Notably, this proposal follows a recent federal appeals court decision that struck down a previous attempt to impose a $100,000 fee on new H-1B visas for highly skilled foreign workers, which was intended to discourage hiring foreign workers over Americans.
The rule is still awaiting finalization, and current H-1B visas remain valid, meaning existing approvals will not be affected by this proposal.
“The proposed expansion would require employers to pay an additional $4,000 for H-1B and $4,500 for L-1 petitions on routine extensions, not just initial filings. Indian nationals, who receive nearly 70% of approximately 85,000 H-1B visas annually, are the most likely to be impacted, with about 1 million Indians currently in the green card backlog.”
The Indian Express
