America's new rule will make some companies pay more for H-1B, L-1 visas

The US government has expanded the scope of 9-11 Response and Biometric Entry-Exit Fee for certain H-1B and L-1 nonimmigrant visas. Under the new rule, H-1B and L1 visa holders seeking extension will have to pay USD 4,000 and USD 4,500 fees, respectively. The fee currently applies to petitions seeking an initial grant of status. Come September 9, the fees will now be applicable to visa holders seeking extension of status. “The Department of Homeland Security (DHS) is amending the regulations concerning the 9-11 Response and Biometric Entry-Exit Fee for certain H-1B and L-1 Visas (9-11 Biometric Fee),” a Federal Register document stated, adding that the new rule seeks to “correct DHS's interpretation of statutory language to require that covered employers submit the 9-11 Biometric Fee for all extension of status petitions, regardless of whether the related fraud prevention and detection fee applies, which includes extension of status petitions that do not involve a change of employer”.When new H-1B and L-1 visas rule change comes into effectFor those unaware, H-1B status is a nonimmigrant classification for aliens to perform services in a specialty occupation. L-1 status, on the other hand, allows companies to seek a temporary intracompany transfer of certain alien employees who perform in an executive or managerial capacity or have specialized knowledge.As announced, the new DHS rules for 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 visas will come into effect on September 9.Which companies will pay more for H-1B and L-1 visasAs stated in the federal register, the new DHS rule will be applicable to employers who:Employee 50 and more workers in the USHave more than 50% of its US workforce on H-1B or L-1 visas“The 9-11 Biometric Fee should apply to all H-1B or L-1 petitions filed by covered employers seeking initial classification of a beneficiary as an H-1B or L-1 nonimmigrant or an extension of status for those already in such status, irrespective of whether the extension of status request is for a change of covered employers or for the purpose of remaining employed with the original covered employer,” it says.Get the latest technology news and updates. Download the TOI App.