A pending DHS rule could extend the $4,000 H-1B extension fee and $4,500 L-1 surcharge to routine stay extensions filed by large visa-dependent employers, increasing retention costs for technology and consulting companies and affecting many India-born professionals.
DHS keeps broader surcharge at final-rule stage
The Department of Homeland Security proposed the change on June 6, 2024. It would expand the 9-11 Response and Biometric Entry-Exit Fee to all H-1B and L-1 extension-of-stay petitions filed by covered employers, including routine extensions that do not involve a change of employer.
The 2026 Unified Agenda still lists the measure at the final-rule stage. It shows July 2026 as the target date but does not include a Federal Register citation indicating that the final rule has been published.
Which employers would pay
Read our detailed guide on who must pay the proposed $4,000 H-1B extension fee.
The surcharge applies to employers with at least 50 employees in the United States when more than half of their workforce holds H-1B or L-1 status. The additional charge is $4,000 for qualifying H-1B petitions and $4,500 for qualifying L-1 petitions.
Congress has authorized collection of the existing fees through September 30, 2027.
The employer, rather than the visa holder, pays the surcharge. Extending it to same-employer petitions could increase retention costs for technology, consulting and outsourcing companies that meet the workforce threshold.
Indian professionals face the greatest exposure
USCIS approved 406,348 H-1B petitions in fiscal 2025, including 291,542 for continuing employment. India-born beneficiaries received 226,359 of those continuing-employment approvals, or 77.6%, placing them at the center of any change affecting routine extensions.
Multinational employers could also face higher costs when extending L-1 status for executives, managers and employees with specialized knowledge transferred to U.S. operations.
Rule is not yet effective
DHS estimated that expanding the surcharge would increase annual H-1B and L-1 payments by approximately $157.3 million. The funding would support the federal biometric entry-exit system.
The proposal will not change filing costs unless DHS publishes a final rule with an effective date. It is separate from the Trump administration’s $100,000 payment requirement for certain new H-1B petitions. On July 24, 2026, the 1st U.S. Circuit Court of Appeals declined to pause a ruling that vacated that policy, leaving it blocked while the appeal continues.
