WASHINGTON: A filing change for US employers of foreign workers took effect on Monday. From November 9, US Citizenship and Immigration Services accepts only the September 9, 2026 edition of Form I-129, the petition used for H-1B, L-1 and other work visas. Petitions on the February 27, 2026 edition that are postmarked or e-filed on or after November 9 will be rejected.
Who pays the extra fee
- Employers with 50 or more US employees, more than half of them on H-1B or L-1 visas
- $4,000 per H-1B petition and $4,500 per L-1 petition
- The fee now also applies to extension petitions with the same employer; amended petitions that do not seek an extension are exempt
- It covers petitions filed through September 30, 2027
The fee, known as the 9-11 Response and Biometric Entry-Exit fee, was expanded by a Department of Homeland Security final rule published on August 10 that took effect on September 9, when the new form edition was released. USCIS says the edition date appears in the lower left corner of each page. A rejection can be costly in time-sensitive cases such as expiring extensions and change-of-status requests.
The change is separate from the $100,000 H-1B fee, which remains tied up in court. A DHS proposal for a $103,265 fee on every cap-subject H-1B petition has not been finalised.
