Trump Administration Proposes Expanding Visa Fee for H-1B and L-1 Extensions

The Trump administration is planning to make H-1B and L-1 visa extensions significantly more expensive by expanding an existing additional fee to cover routine extension petitions, a move that could increase costs for US employers and thousands of Indian professionals working in America . The proposal would require employers to pay the extra fee not only when hiring new foreign workers or changing employers but also every time they seek to extend an employee’s stay. Indian nationals receive the largest share of H-1B visas issued every year, making them the group most likely to be affected if the proposal is implemented. 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. 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. 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. 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. 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.