The US Department of Homeland Security (DHS) has announced that, effective September 9, 2026, the 9/11 Response and Biometric Entry-Exit Fee will also apply to certain H-1B and L-1 visa extension petitions, expanding the scope of the existing surcharge.
Until now, the additional fee applied only to initial H-1B and L-1 petitions and change-of-employer applications. Under the new rule, eligible employers will also have to pay the surcharge whenever they file an extension petition for an employee already working with the same company.
The rule applies only to "covered employers"—companies with 50 or more employees in the United States, where more than 50% of the workforce holds H-1B or L-1 visas. These employers must pay an additional $4,000 for each qualifying H-1B petition and $4,500 for each qualifying L-1 petition.
The policy is expected to have a significant impact on Indian IT companies, including firms that employ thousands of professionals in the United States on H-1B and L-1 visas. Since many employees require periodic visa extensions, companies could face substantially higher compliance costs.
According to DHS, the additional revenue will support the biometric entry-exit tracking system and other border security initiatives linked to the 9/11 Response Fee. The department estimates that expanding the fee could generate more than $157 million annually.
Immigration experts say the rule does not impose any direct fee on H-1B or L-1 visa holders. Instead, the surcharge is payable by qualifying employers when filing extension petitions, although companies may need to reassess their hiring and workforce strategies because of the increased costs.
