2026 USCIS Fee Alert: H-1B & L-1 Extension Costs Double for Employers Starting September 9

On August 10, 2026, the U.S. Department of Homeland Security published a final rule (91 FR 51360) dramatically expanding the scope of the so-called '9-11 Biometric Fee' — formally known as the Public Law 114-113 fee. Previously, covered employers were required to pay this fee only when filing initial H-1B or L-1 petitions. Starting September 9, 2026, the fee will now apply to extension petitions as well, fundamentally changing the long-term cost structure of sponsoring nonimmigrant workers. The financial impact is substantial. H-1B first extensions will jump from $2,880 to $6,880, and second or subsequent extensions from $1,380 to $5,380. For L-1 workers, extensions will similarly increase from $1,985 to $6,485 (first) and $5,485 (second and beyond). In effect, what was once a one-time fee per worker could now recur with every renewal cycle, potentially doubling or tripling an employer's total immigration spend over time. Not all employers are affected equally. The fee applies only to 'covered employers,' defined as U.S. entities that employ 50 or more individuals and have at least 50% of their U.S. workforce holding H-1B or L-1 status. While large corporations with diverse workforces are largely shielded, smaller multinational companies and IT staffing firms that rely heavily on these visa categories are directly in scope and face the steepest cost increases. This rule represents the administration's second attempt to expand the fee after a prior 2020 effort was enjoined and later rescinded. A notice of proposed rulemaking was published in June 2024, and after reviewing 146 public comments, DHS published the final rule unchanged — an unusually swift regulatory turnaround. The lone carve-out: H-1B amendment petitions that do not include an extension of status remain exempt. For employers sponsoring EB-3 or other employment-based immigrant workers who also hold H-1B or L-1 status during the green card process, this rule adds meaningful cost to the overall sponsorship pipeline. Covered employers should audit their nonimmigrant worker populations now and budget accordingly for petitions filed on or after September 9, 2026.