Quick answer: DHS is preparing a rule that would extend an existing $4,000 H-1B surcharge (and $4,500 for L-1) to routine extension and renewal petitions. Right now, that fee only applies to certain new H-1B petitions and employer-change filings. The rule is not final. It affects mid-size and large employers where more than half the workforce holds H-1B or L-1 status. It is separate from the $100,000 H-1B entry fee announced in September 2025, which does not apply to extensions.
If you’re on H-1B and trying to figure out what this means for you, keep reading. We’ll walk through what’s actually being proposed, who it hits, and why this is one more reason to stop treating your green card as something you’ll “get around to.” A Champaign, IL work visa lawyer can help employers and H-1B professionals understand how proposed fee changes may affect extension strategies, long-term immigration planning, and the path toward permanent residence.
What DHS Is Actually Proposing
The fee at the center of this is called the 9-11 Response and Biometric Entry-Exit Fee. It’s been on the books for years. Employers with at least 50 U.S. employees, where more than half the workforce holds H-1B or L-1 status, already pay an extra $4,000 for qualifying H-1B petitions and $4,500 for qualifying L-1 petitions.
Today, that fee generally applies to two situations… a new H-1B petition, or a petition where the worker is changing employers.
The proposed rule would expand it to cover extension of stay petitions too. In plain terms… every time one of these employers renews an existing H-1B or L-1 worker, they’d owe the same surcharge they currently pay for a brand-new hire.
Since H-1B status is typically granted in three-year increments and commonly renewed once, this isn’t a one-time cost. It’s a recurring one, every time the visa comes up for renewal.
Who This Fee Actually Applies To
This is where a lot of the coverage gets muddy, so let’s be direct about it.
This fee only applies to employers that meet a specific threshold… 50 or more U.S. employees, with over half of that workforce on H-1B or L-1 status. That’s a narrow group. It tends to include large IT staffing and consulting firms, not most small or mid-size companies.
The fee is also paid by the employer, not the employee. You won’t be writing this check yourself.
That said, cost pressure on an employer doesn’t stay with the employer. If your company is absorbing thousands of dollars in new fees every time your status comes up for renewal, that’s a factor in whether they keep sponsoring you, how quickly they move on your paperwork, and whether they see you as an asset or a line item.
This Is Not the Same as the $100,000 H-1B Fee
We’re seeing real confusion online between this proposal and the $100,000 fee tied to President Trump’s September 2025 proclamation. They are not the same thing.
The $100,000 fee applies to new H-1B entries under that proclamation. USCIS has already clarified that it does not apply to people already in the U.S. who are extending their status or changing status. It’s a one-time fee tied to new entries, not a renewal cost.
The $4,000 / $4,500 surcharge discussed here is older, smaller, and currently much more limited in scope. The proposed rule would widen it to cover extensions. It would not turn it into a $100,000 charge, and it would not apply to every H-1B holder, only those at qualifying large employers.
Two different fees. Two different rules. It’s worth knowing the difference before you panic about a number that doesn’t apply to your situation, or worse, ignore a number that does.
Is This Rule Final?
No. This is a proposed rule, not a final one.
DHS first introduced this idea back in 2024 through a Notice of Proposed Rulemaking. It’s now reappeared in the administration’s 2026 Unified Regulatory Agenda as a pending final rule, which signals the administration wants to move it forward. Before it takes effect, it still needs to clear review by the Office of Management and Budget and the Office of Information and Regulatory Affairs.
In other words… this is a real proposal with real momentum behind it, but nothing has changed yet for anyone filing today.
What This Means If You’re the One Holding the Visa
If you’re on H-1B, here’s the honest read.
You’re not the one writing this check. But you are the one whose status depends on your employer being willing to keep writing checks like it, year after year, filing after filing, for as long as you need them to sponsor you.
That’s the real story underneath this fee increase. It’s not really about $4,000. It’s about how much of your future in this country sits inside someone else’s budget decision.
We’ve watched this play out for 25 years. Fees go up. Policies shift. Processing times swing. None of it is in your control when your immigration status is entirely tied to one employer’s continued sponsorship.
The Real Fix: Stop Being a Line Item
Here’s what most H-1B holders don’t realize… you may not need your employer to sponsor a green card for you at all.
EB-1A (Extraordinary Ability) and EB-2 NIW (National Interest Waiver) are both self-petition green card categories. No employer sponsor required. No job offer required. You file based on your own record, your own work, your own case.
If you have publications, awards, media coverage, a leadership role, or work that genuinely benefits the United States, you may already have more of a case than you think. We see qualified people talk themselves out of this option constantly, assuming it’s reserved for Nobel laureates. It isn’t.
Filing for an EB-1A or EB-2 NIW while you’re still on H-1B doesn’t mean walking away from your job. It means building a path to permanent residency that doesn’t rise and fall with fee schedules, employer budgets, or which company you happen to work for when the rules change again.
Frequently Asked Questions
Is the H-1B extension fee actually going up right now?
Not yet. DHS has proposed extending an existing $4,000 surcharge to cover extension petitions, but the rule still needs to clear federal review before it takes effect.
Who has to pay the new H-1B extension fee?
Only employers with 50 or more U.S. employees where more than half the workforce holds H-1B or L-1 status. Most employers fall outside this threshold.
Does this affect the $100,000 H-1B fee?
No. The $100,000 fee applies to new H-1B entries under the September 2025 proclamation and does not apply to extensions or changes of status. This is a separate, smaller surcharge.
Do I have to pay this fee myself?
No. The surcharge is paid by the employer, not the visa holder.
What can I do if I don’t want my status tied to my employer’s willingness to keep sponsoring me?
Look into whether you qualify for a self-petition green card category like EB-1A or EB-2 NIW. Both allow you to file without employer sponsorship.
If you’re on H-1B and want to know whether you qualify for a self-petition green card, book a free 15-minute consultation with Dworsky Law Firm. We’ll tell you honestly where you stand.
