Immigration News Roundup – August 10, 2026
DHS Final Rule Requiring 9-11 Biometric Fee for H-1B and L-1 Extension Petitions
This fee applies to employers with 50 or more employees, where at least half the workforce is in H-1B or L-1 status. Employers who exceed both thresholds must pay an additional fee of $4,000 per H-1B petition and $4,500 per L-1 petition.
The new final rule taking effect on September 9th does not change the threshold of 50 employees, 50% H-1B/L-1 employees, or the fee amount. The change is that employers subject to the fee are now required to pay the fee for all extension-of-stay petitions. Previously, the fee was only required for initial petitions and change-of-employer petitions. The fee is still not required for amendment petitions filed to report a material change in employment terms.
USCIS May Deny Petitions Without RFEs
USCIS issued a policy alert on August 5th declaring that petitions and applications for immigration benefits may be denied without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny if “all required initial evidence” have not been submitted with the petition/application.
USCIS noted that its form instructions “specify all required initial evidence for every benefit request, giving requestors all the information needed to comply” and this new policy will minimize frivolous filings intended to secure ancillary benefits, which slows processing of other petitions and applications.