The U.S. Department of Homeland Security (DHS) has issued a final rule. Effective September 9, 2026, certain companies will be subject to substantial additional fees when filing extensions for H‑1B and L‑1 visas. Unlike prior rules where fees were only required for initial petitions and employer changes, routine extensions will now trigger this charge, directly raising the cost for companies with overseas operations to retain foreign talent in the U.S. HR teams and management of businesses operating in North America should pay close attention.
DHS has released the final rule. Starting September 9, 2026, eligible employers submitting H‑1B and L‑1 status extension applications must pay the 9/11 Response and Biometric Entry-Exit Fee. Previously this fee only applied to initial filings and employer transfers. Once the new rule takes effect, routine extensions with the same employer will also incur the fee, markedly increasing the cost of retaining foreign talent in the U.S. for affected enterprises.
H‑1B status extension: $4,000 per petition L‑1 status extension: $4,500 per petition
✅ Exemption: Small and medium-sized enterprises, and companies where visa workers account for 50% or less of headcount, are not impacted by this rule.
Amended petitions that do not request an extension of status are exempt from this surcharge. Any application seeking status extension must pay the full fee, even if there are no changes to role, employer or job duties.
Old rule: Qualifying employers only paid the surcharge for initial filings and employee employer transfers. Routine status extensions with the same employer were exempt. New rule: Effective September 9, 2026, companies meeting the 50/50 threshold must pay the surcharge even for standard renewals where the employee stays in the same role with the same employer.
Determination date: Based on the postmark date or online submission date of Form I‑129. Petitions submitted on or after September 9 are governed by the new rule; no retroactive effect on previously filed cases.
DHS explicitly states the full cost of this surcharge must be borne by the filing employer. Employers are prohibited from passing the cost to employees via salary cuts, wage deductions or indirect benefit reductions. Any attempt to shift the burden may trigger USCIS scrutiny, petition denials and labor penalties.
This surcharge is set to remain in force until September 30, 2027. Its renewal will be determined by the U.S. Congress. Official estimates project the rule will generate approximately $37.87 million in FY2026 and $40.08 million in FY2027, totalling nearly $78 million over two years. The funds will primarily support the development and maintenance of America’s biometric entry-exit system.
Why Gonex?
Experienced Management Team: each member in the team has 10+ years experiences in Overseas Human Resources Management, composed of seasoned HR professionals.
Powerful connection: Gonex has established over 10 entities worldwide, along with more than 30 stable partners, together offering the most comprehensive overseas human resource services to our clients.
Strict compliance with laws and regulations: At every step in our service process, Gonex strictly adheres to local laws and regulations, ensuring our clients completely avoid any legal disputes.
Competitive price: Gonex’s services are 20% more affordable compared to other companies in the industry, allowing our clients to allocate more resources to their core business.
What Gonex offer?
Employment of Record: This service helps clients legally hire employees in countries or regions where they do not have a legal entity established.
Payroll BPO service: This includes payroll project implementation plan development, project deployment, payroll calculation, payment of funds, administration of statutory and supplementary benefits, customized reporting, and other comprehensive payroll services.
Global Mobility: Based on the company’s internationalization strategy, the company assigns employees to overseas branches/subsidiaries and handles visa and tax matters in accordance with local policies, while assisting in the compliance management of employees throughout their international assignment life cycle.
GONEX One-Stop Solution: Your strategic partner
Compliance and Legal Adherence: GONEX’s Employer of Record (EOR) service ensures legal compliance in employing local staff.
Cross-Border Payroll and Tax Management: Streamlined payroll services simplify cross-border management.
Flexible Employment Solutions: Adaptable employment services cater to changing business needs.
International Talent Dispatch: Support services facilitate the dispatch of key talent to overseas.
Digital HR Management Platform: Technology-driven solutions enhance management efficiency and cultural integration.
Who do we serve?
Gonex served 70+ clients to expand overseas. The incomes of our clients like Mengniu, Kuaishou and CHINT are up to 192.4 billion.
Let Gonex assist you and your company with handling such complex overseas hiring processes! To access more information on corporate international expansion cases, global employment guidelines, worldwide compensation management, regulations for various regional countries, and factory establishment manuals in different nations, you are welcome to visit the GONEX official website at www.letsgonex.com to download these resources or view our company’s business introduction in PDF format (https://letsgonex.com/in.pdf).
