USCIS Clarifies $4,500 L-1 Extension Fee for Covered Employers

U.S. Citizenship and Immigration Services (USCIS) issued a policy alert on October 27, 2026, clarifying when certain employers must pay the additional $4,500 fee for L-1 intracompany transferee petitions.

The alert does not create a new fee or a new effective date. Instead, it updates the USCIS Policy Manual to reflect a Department of Homeland Security (DHS) final rule that took effect on September 9, 2026. Under that rule, covered employers must now pay the fee for L-1 extension-of-status petitions, including extensions filed for employees continuing with the same employer. (assets.aila.org)

What Changed for L-1 Extension Petitions?

Before September 9, the additional fee generally applied when a covered employer filed an L-1 petition for an initial grant of status or in certain other circumstances associated with the fraud prevention and detection fee.

The final rule expands the requirement to all L-1 extension-of-status petitions filed by covered employers, even when the same employer is extending the same employee’s L-1 status. In other words, avoiding a change of employer no longer prevents the additional fee from applying. (federalregister.gov)

The $4,500 charge is known as the 9-11 Response and Biometric Entry-Exit Fee, or the Public Law 114-113 fee. It is an additional employer filing cost and does not replace the regular Form I-129 filing fee or other applicable charges.

USCIS says the updated guidance applies to petitions postmarked on or after September 9, 2026. (assets.aila.org)

Which Employers Must Pay the $4,500 L-1 Fee?

The fee does not apply to every employer filing an L-1 petition. It applies only when the petitioner:

• Employs 50 or more employees in the United States; and
• Has more than 50% of its U.S. employees, in the aggregate, working in H-1B, L-1A or L-1B nonimmigrant status.

Both full-time and part-time employees are included when determining whether the employer meets the applicable workforce threshold. H-1B, L-1A and L-1B employees are counted together rather than as separate categories. (federalregister.gov)

Employers that do not meet both conditions are not subject to this additional fee.

Exception for Certain Amended Petitions

A covered employer does not have to pay the fee when it files an amended L-1 petition that does not request an extension of the employee’s currently authorized L-1 status.

If the amended petition also requests an extension of stay, however, the exemption does not apply. (federalregister.gov)

How Long Will the Fee Apply?

Under the current statute and regulation, the $4,500 L-1 fee applies to covered petitions filed on or before September 30, 2027.

The fee will expire after that date unless Congress extends or otherwise changes the statutory authority. Employers should therefore check the current USCIS fee schedule and filing instructions when preparing a petition, particularly if Congress acts before the existing sunset date. (federalregister.gov)

What Does This Mean for International Students and Workers?

The USCIS policy alert directly concerns L-1 workers and their petitioning employers. It does not change F-1 status, Curricular Practical Training (CPT), Optional Practical Training (OPT) or STEM OPT rules.

However, the underlying DHS final rule also applies a parallel $4,000 fee to H-1B extension petitions filed by employers meeting the same workforce thresholds. That aspect may be relevant to F-1 and OPT workers who later move into H-1B status with a covered employer. (federalregister.gov)

The fee is imposed on the petitioning employer—not on the individual L-1 or H-1B worker. Employees considering an extension or status transition can ask their employer’s immigration team whether the organization qualifies as a covered employer and whether the additional fee applies to the filing.

Employers should verify their U.S. employee counts, include full-time and part-time workers, and use the current USCIS Fee Schedule when calculating the total amount required. Filing an incorrect fee may lead to rejection or delay.

Frequently Asked Questions

Is the $4,500 L-1 fee new?

No. The $4,500 fee already existed, but the September 9, 2026 final rule expanded the circumstances in which covered employers must pay it. It now applies to same-employer L-1 extension-of-status petitions, not only initial-status and certain change-related filings.

Does every L-1 extension require the additional fee?

No. The fee applies only if the petitioning employer has at least 50 U.S. employees and more than 50% of its U.S. workforce, in the aggregate, is in H-1B, L-1A or L-1B status.

Do part-time employees count toward the employer thresholds?

Yes. DHS and USCIS count both full-time and part-time employees when determining whether a petitioner qualifies as a covered employer. The employer’s H-1B, L-1A and L-1B employees are counted in the aggregate.

Does the rule affect H-1B extensions?

Yes. Although the October 27 USCIS policy alert specifically updates the L-1 section of the Policy Manual, the underlying DHS final rule also requires covered employers to pay a $4,000 fee for H-1B extension-of-status petitions. An amended H-1B petition that does not request an extension remains exempt from that fee. (federalregister.gov)

Does this policy change CPT, OPT or STEM OPT?

No. The policy governs fees for certain L-1 and H-1B petitions. It does not alter F-1 practical-training eligibility or employment authorization rules.

Sources:

• USCIS Policy Alert PA-2026-16: Fee Guidance for L-1 Intracompany Transferees
• Federal Register: 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas
• American Immigration Lawyers Association: USCIS Policy Alert on L-1 Fee Guidance