United States adds $4,000 H-1B extension fee starting Sept. 9

The United States previously limited a special H-1B and L-1 fee largely to new-hire and employer-change filings, but covered employers must pay it on all extension-of-status petitions beginning Sept. 9.

Extension fees rise by thousands

The Department of Homeland Security (DHS) finalized the expansion Aug. 10. It covers employers with 50 or more U.S. employees when more than 50% of their workforce holds H-1B, L-1A or L-1B status.

Those employers will owe the 9-11 Response and Biometric Entry-Exit Fee when requesting an extension, including a same-employer renewal. The fee is $4,000 for H-1B petitions and $4,500 for L-1 petitions.

Amended petitions that don’t request an extension remain exempt. The fee provision has a statutory sunset date of Sept. 30, 2027.

The 60-day grace period remains

Reports that the United States has already eliminated the post-employment grace period are premature. A proposal titled “Eliminating the Discretionary 60-day Grace Period” entered regulatory review Aug. 6, but it isn’t final and has no effective date.

Current United States visa and residency rules still allow certain nonimmigrant workers and their dependents up to 60 consecutive days after employment ends or until the worker’s I-94 expires, whichever comes first.

During that window, a worker may seek a new sponsor, apply to change status or leave the country. The grace period itself doesn’t authorize employment unless the worker has separate authorization or qualifies to work through an eligible, timely filed petition.

Sept. 9 filings require a budget check

Employers preparing H-1B or L-1 extension-of-status petitions for filing on or after Sept. 9 need to verify whether they meet the workforce threshold and, if covered, add $4,000 or $4,500 to the filing budget. Workers don’t pay the fee directly and tourists or ordinary B-1/B-2 visitors aren’t covered by this rule.