Proposed rule would extend existing security-related charges to visa extension petitions, with Indian workers expected to be among the most affected
The United States is considering expanding additional government fees on H-1B and L-1 visa renewals, a move that could significantly increase employment costs for companies that rely on skilled foreign professionals, particularly those from India. The proposal is currently progressing through the federal rule-making process and could be finalised in the coming weeks.
Under the proposed changes, certain employers would be required to pay the existing “9-11 Response and Biometric Entry-Exit Fee” not only for new H-1B and L-1 visa petitions and change-of-employer applications, but also when seeking routine extensions for employees already working in the US. The proposal amends regulations governing the fee, which was introduced to support the country’s biometric entry-exit security system.
-
The measure would apply primarily to employers with at least 50 employees in the United States where more than half of the workforce holds H-1B or L-1 status
-
These employers currently pay an additional fee of $4,000 for eligible H-1B petitions and $4,500 for L-1 petitions
-
If implemented, the same charges would also apply to extension petitions, increasing the cost of retaining existing foreign workers
Indian professionals are expected to be among the most affected. According to US Citizenship and Immigration Services data, nearly 72 per cent of approved H-1B petitions in fiscal year 2025 were for continuing employment, with Indian nationals accounting for more than three-quarters of those approvals. As a result, technology firms and multinational companies employing large numbers of Indian workers could face substantially higher immigration-related expenses.
The proposal comes amid broader changes to US immigration policy affecting employment-based visas. While the new fee expansion has not yet taken effect, employers and foreign professionals are closely monitoring the final decision, which is expected after review by the Office of Management and Budget and the Office of Information and Regulatory Affairs.
