What USCIS Announced

USCIS has issued Policy Alert PA-2026-16, revising the Policy Manual guidance on filing fees for L-1 intracompany transferee petitions. The update reflects the 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas final rule, which DHS published on August 10, 2026, and which took effect on September 9, 2026. The guidance is effective September 9, 2026, and applies to petitions postmarked on or after that date. Employers with L-1 filings planned or in preparation should review it now.

What Changed for L-1 Extensions

The fee created by Public Law 114-113 applies to L-1A and L-1B petitions filed by “covered employers.” DHS originally applied it only to petitions seeking an initial grant of L-1 status or a change of employer. Under the final rule, the fee now applies to all L-1 petitions filed by covered employers, including petitions to extend L-1 status. The one exception is an amended petition that does not seek an extension of the employee’s currently authorized L-1 status. Under the guidance, the fee applies to petitions postmarked on or before September 30, 2027.

Who Is a Covered Employer

A covered employer is an H-1B or L-1 petitioner with 50 or more employees in the United States, where more than 50 percent of its employees in the aggregate are in H-1B, L-1A, or L-1B status. The alert clarifies that part-time and full-time employees both count when making this calculation. Companies near the threshold should run the numbers carefully, because a headcount change can alter whether the fee applies. We recommend building a current roster of all U.S. employees and their status before each filing.

Fee Amounts Now Listed in the Fee Schedule

The alert also changes how USCIS presents fee information. The Policy Manual no longer lists specific dollar amounts for the Fraud Prevention and Detection fee or the 9-11 Biometric Fee. It refers petitioners to the USCIS Fee Schedule (Form G-1055), which lists every fee required with a Form I-129 petition for an L-1 beneficiary. The 9-11 Biometric Fee has been $4,500 for L-1 petitions, but we advise confirming the current amounts on Form G-1055 before every submission. An incorrect payment can delay a case or lead to a rejected filing.

Planning Ahead

For covered employers, extension filings now carry an added cost that should be reflected in immigration budgets and timelines. We suggest three steps: determine whether your company meets the covered employer definition, account for the fee in upcoming L-1 extensions, and have counsel review each filing, including any amended petition, before it is mailed. Our team can assess your workforce numbers, confirm which fees apply, and prepare filings that meet the current requirements.

Contact Us

If your company sponsors L-1 employees or is considering an intracompany transfer, please call Agarwal Law Group at 703-348-1663 to schedule a consultation.

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