Murthy Snapshot: DHS Proposed Rule Would Increase Cost of Some H1B and L-1 Extensions

On June 6, 2024, the U.S. Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register that, if implemented, would alter when the 9-11 response and biometric entry-exit fee for H1B and L-1 visas (oftentimes referred to as the “public law 114-113 fee” or the “public law fee”) applied. Simply put, per the proposed rule, employers subject to this rule would have to pay the added fee on nearly all H1B and L-1 petitions, including extensions. While the proposed rule is lengthy and nuanced, here are the key points you need to know:

• The public law fee only applies to employers with 50 or more employees in the United States, of whom more than 50 percent are in H1B or L-1 nonimmigrant status. The proposed rule does not alter which employers are subject to the public law fee.
• Under the current rule, an employer subject to the public law fee must pay an additional filing fee of $4,000 for each initial H1B petition filed for an individual, and $4,500 for each initial L-1 petition filed for an individual.
• Under the proposed rule, the public law fee would apply to the initial petition and all extensions.
• The public has until July 8, 2024, to submit comments to the DHS regarding this proposed rule.

Your Takeaway:

If implemented, the proposed rule would add yet another cost to certain employers filing H1B and L-1 petitions. At this time, this is solely a proposed regulation, and has no immediate impact on U.S. immigration law. As soon as any updates are provided, details will be posted on MurthyDotCom.

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