H-1B, L-1 visa extensions may get costlier under Trump plan: What it means for Indians

According to the Department of Homeland Security’s agenda, a final rule related to the petitions seeking work visa extensions under the “9-11 Response and Biometric Entry-Exit Fee” is expected in a few weeks, reports stated.

What changes are being proposed?

As of now, companies pay an additional $4,000 for H-1B petitions and $4,500 for L-1 petitions when filing an initial grant of status or a change in employers. But if the proposed changes get implemented, employers will not only have to pay for the existing petitions, but also for routine extensions of stay for existing employees.

According to the Office of Information and Regulatory Affairs website of the US government, “The 9-11 Response and Biometric Entry-Exit Fees for H-1B and L-1 Visas (9-11 Response Fees) are fees paid by certain employers of H-1B and L nonimmigrant workers.”

The US government website added, “To implement Public Law 114-113, DHS is amending and clarifying the regulations to specify that the 9-11 Response Fees will apply to all H-1B and L-1 extension petitions in addition to all previously covered H-1B and L-1 petitions.

What is the 9-11 Response Fee?

The 9-11 Response and Biometric Entry-Exit Fee is an additional US government filing fee paid by certain employers when they file H-1B or L-1 visa petitions.

Key facts:

• Additional fee separate from standard USCIS filing charges.
• Paid by certain employers hiring H-1B and L-1 workers.
• Introduced under Public Law 114-113 in 2015.
• Originally applied to specific H-1B and L-1 petitions, such as initial applications and certain employer changes.
• The Trump administration now proposes extending it to routine H-1B and L-1 visa extension petitions.
• Intended to help fund border security and biometric entry-exit programmes in the US.

Proposal follows setback over $100,000 H-1B fee

Notably, the proposed rule for expanding the additional visa fee on H-1B and L-1 comes after a US federal appeals court declined to block a court order last month that struck down the Trump administration’s proposed $100,000 fee on new H-1B visas for highly skilled foreign workers.

Trump administration had introduced the $100,000 fee to discourage companies in the United States from hiring foreign workers over Americans.

What should H-1B workers know?

• Current H-1B visas remain valid; the proposal does not affect existing approvals.
• The rule has not been implemented yet and is still awaiting finalisation.
• The additional fee is paid by employers, not individual H-1B or L-1 workers.
• A final rule is expected in the coming weeks, according to the US government’s regulatory agenda.
• If approved, employers could face higher costs when filing H-1B and L-1 extension petitions, potentially affecting hiring and renewal decisions.

Why it matters for Indian professionals

According to US Citizenship and Immigration Services (USCIS), Indian nationals in America account for nearly 70% of approximately 85,000 H-1B visas issued annually. The data from the agency adds that approximately 1 million Indians are currently in the green card backlog.