US Extends H-1B Biometric Fee to Renewals, Raising Costs for Indian Professionals

The Trump administration is expanding the 9/11 Response and Biometric Entry-Exit Fee to cover extensions of H-1B and L-1 visas, widening the scope of a levy that previously applied only to new visa petitions, according to a proposed rule published by the US Department of Homeland Security (DHS).

The change follows a recent legal setback for the administration after a US federal appeals court declined to pause a lower court ruling striking down the administration's proposed US$100,000 fee on new H-1B visas, according to India Today.

The expanded biometric fee first appeared in a Notice of Proposed Rulemaking issued jointly by DHS and US Customs and Border Protection in June 2024. It is now listed as a pending final rule in the 2026 Unified Regulatory Agenda, with the Office of Management and Budget expected to clear the measure in the coming weeks.

According to the proposal, employers covered by the law would have to pay the fee not only when sponsoring new H-1B or L-1 workers but also every time they file an extension petition.

"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," the rule states.

Who Will Be Affected

The rule applies to employers with 50 or more US employees where at least 50% of the workforce holds H-1B or L-1 status.

These companies currently pay $4,000 for qualifying H-1B petitions and $4,500 for L-1 petitions. Under the proposed rule, those same fees would also apply to routine visa renewals, substantially increasing long-term employment costs for firms that depend on skilled foreign workers.

The proposal also affects multinational companies that use L-1 visas to transfer executives, managers and employees with specialised knowledge to their US operations.

Indian Professionals Most Exposed

The move is expected to have a disproportionate impact on Indian professionals, who account for the overwhelming majority of H-1B workers in the United States.

According to US Citizenship and Immigration Services (USCIS) data for FY2025 cited by India Today, 406,348 H-1B petitions were approved during the year, including 291,542 for continuing employment. Indian nationals received 226,359 of those extension approvals, representing 77.6% of all continuing H-1B approvals.

The companies likely to bear the biggest financial burden include major technology employers. Data from the National Foundation for American Policy (NFAP) for FY2025 shows Amazon received 14,532 continuing-employment approvals, followed by Tata Consultancy Services (5,293), Microsoft (4,863), Meta (4,740), Apple (4,610) and Google (4,509).

Part Of A Broader Immigration Push

The proposed rule is the latest in a series of measures by the Trump administration aimed at increasing costs associated with employment- and education-based immigration.

The administration has also proposed a $100,000 Optional Practical Training (OPT) fee for international graduates seeking work authorisation after completing their studies in the United States. The proposal drew concern from universities, technology companies and immigration advocates, who argued it could significantly reduce the attractiveness of the US for international students, particularly from India, where OPT serves as a key pathway to H-1B employment.

DHS said the biometric fee expansion is intended to align the regulations with what Congress originally intended when it authorised the levy, arguing that some employers have been able to avoid paying the fee on extension petitions despite continuing to employ the same workers.

The department estimates the revised rule will generate $157.3 million annually, with the revenue funding the US government's biometric entry-exit system, including facial recognition and other identity verification technologies used at ports of entry.