Indian professionals holding H-1B visas may soon face increased costs for their visa renewals, as US authorities move to broaden the scope of an existing additional visa fee. The proposed change, spearheaded by the Department of Homeland Security (DHS) and Customs and Border Protection (CBP), seeks to extend the "9-11 Response and Biometric Entry-Exit Fee" to cover routine visa extensions.
The Proposed Fee Expansion
Currently, the additional fee applies primarily to new H-1B and L-1 visa petitions or when a worker changes employers. Under the new proposal, employers would also incur this charge when filing to extend the stay of existing visa holders. This measure was introduced via a Notice of Proposed Rulemaking in the US Federal Register and later appeared in the Trump administration’s 2026 Unified Regulatory Agenda as a pending final-rule item, citing Public Law 114-113 as its basis.
The rule explicitly states:
"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."
Significant Impact on Indian Workforce
The expansion is expected to have a considerable effect on Indian workers, who constitute the largest group of H-1B extension recipients. In fiscal year 2025, Indian nationals accounted for 226,359 of the 291,542 approved H-1B petitions for continuing employment, representing approximately 77.6% of all H-1B extensions.
The proposed fee would primarily impact employers with at least 50 employees in the US, where over half of their workforce holds H-1B or L-1 status. These employers currently pay at least $4,000 for new H-1B petitions and $4,500 for new L-1 petitions. Similar costs are anticipated for extension filings, potentially increasing operational expenses for companies heavily reliant on foreign talent.
Tech Giants and IT Firms Face Higher Costs
Large technology companies and IT services firms, which often employ a substantial number of H-1B visa holders, are likely to bear the brunt of these increased costs. Data from the National Foundation for American Policy (NFAP) indicates that major tech companies had a high volume of approved H-1B petitions for continuing employment in FY2025. Amazon led with 14,532 approvals, followed by Tata Consultancy Services (5,293), Microsoft (4,863), Meta (4,740), Apple (4,610), and Google (4,509).
These figures represent approved petitions, and while a single worker may receive multiple approvals, the numbers highlight the extensive reliance on H-1B talent within these organizations.
DHS Justification for the Change
The Department of Homeland Security states that expanding the fee aligns with congressional intent and will help fund the US biometric entry-exit program, which utilizes advanced technologies like facial recognition for traveler verification. DHS estimates that the expanded fee could generate an additional $157.3 million annually, with the fee continuing to apply only to employers meeting specific size and workforce criteria.