WASHINGTON DC: The US Department of Homeland Security (DHS) has expanded a USD 4,000 fee on H-1B petitions and a USD 4,500 levy on L-1 petitions to encompass visa extensions submitted by specific employers, even when workers remain with the same firm.
Scheduled to take effect on September 9, the final rule is poised to substantially raise recurring immigration expenses for businesses relying heavily on foreign talent.
The regulation applies exclusively to firms employing at least 50 workers in the United States, where over 50 per cent of the domestic workforce collectively holds H-1B, L-1A or L-1B status.
Under the updated mandate, such companies must submit the 9/11 Response and Biometric Entry-Exit Fee every time they seek an extension for a covered worker's stay.
Addressing the rationale behind the revision, DHS noted, "The regulatory changes correct DHS's interpretation of statutory language to require that covered employers submit the 9-11 Biometric Fee for all extension of status petitions, regardless of whether the related fraud prevention and detection fee applies."
While the actual fee rates remain unchanged, the adjustment significantly widens the volume of applications liable for these existing charges.
Impacted employers will incur USD 4,000 for each qualifying H-1B application and USD 4,500 per L-1 filing. Amended petitions that do not request a duration extension for the worker's authorised status will continue to be exempt.
The financial obligation rests entirely on the employer, with DHS dismissing proposals that would allow foreign professionals to fund the charge if their companies were unwilling to pay.
Clarifying the mandate, the department stated, "The statutes and existing regulations specify that the fee is required to be paid by the employer." (ANI)
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