US plans to extend H-1B, L-1 visa fees to renewals, likely impacting Indian professionals

In a move that could potentially have an adverse effect on Indian workers in the US, the Trump administration is preparing to widen an existing fee on H-1B and L-1 visas by extending it to renewal petitions. The change would raise costs for companies seeking to retain foreign professionals already working in the US.

At present, the additional charge applies only to new H-1B and L-1 petitions and certain change-of-employer filings. If the move is executed, covered employers would also have to pay the fee when extending the stay of existing H-1B and L-1 workers.

Fee expansion proposed

The development comes after a US federal appeals court last month refused to pause a lower court order that struck down the Trump administration's decision to impose a USD 100,000 fee on new H-1B visas for highly skilled foreign workers.

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The Department of Homeland Security (DHS) and US Customs and Border Protection first published the proposal as a Notice of Proposed Rule-making in June 2024.

It later appeared in the Trump administration's 2026 Unified Regulatory Agenda as a pending final rule. The measure is expected to be released after review by the Office of Management and Budget (OMB) and the Office of Information and Regulatory Affairs (OIRA).

Rule cites congressional intent

"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 non-immigrant workers.

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," stated the rule item quoted by India Today.

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The proposal applies to employers with at least 50 employees in the US if half or more of their workforce holds H-1B or L-1 status. These companies already pay an additional USD 4,000 for new H-1B petitions and USD 4,500 for new L-1 petitions. Under the proposal, the same fee would become payable for extension petitions as well.

Impact on Indian firms

DHS says the revision reflects congressional intent. The department estimates it would generate another USD 157.3 million annually to support the US biometric entry-exit system.

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Indian professionals are likely to face the biggest indirect impact because they account for most H-1B extension approvals. USCIS approved 406,348 H-1B petitions in FY2025. Of these, 291,542 were for continuing employment.

Indians reportedly received 226,359 approvals, accounting for 77.6 per cent of all H-1B extensions. That means employers with large Indian workforces, especially technology companies and IT services firms, would face a sharp increase in visa renewal costs if the proposal takes effect.