L-1 Extensions Now Owe a $4,500 Fee at 50/50 Employers: What USCIS's October 27 Policy Alert Confirms

USCIS confirmed on October 27 that covered employers owe $4,500 on every L-1 extension filed through September 30, 2027. Here is the 50/50 test, the math and the exceptions.

Part of our guide to the L-1 visa.

Status as of November 1, 2026: in effect. If your employer is a "covered employer" (50 or more US employees, with more than 50 percent of them in H-1B or L-1 status), the L-1 extension fee now includes a $4,500 Public Law 114-113 charge on every extension petition postmarked from September 9, 2026 through September 30, 2027. USCIS Policy Alert PA-2026-16, issued October 27, 2026, confirms it. Amended petitions that do not extend your stay are exempt. If your employer is not covered, this change does not touch your extension, and the employer still owes only the I-129 L base fee and the Asylum Program Fee (plus premium processing if it asks for it).

• Scheduled: from Monday 2026-11-09, USCIS accepts only the 09/09/26 Form I-129, and a petition mailed to a pre-October 7 address must be postmarked by 11-09.
• Proposed, not law: two DHS proposals that reach L-1 workers close for comment on 2026-11-10 and 2026-11-13 (see below).
• Not applicable: the $100,000 H-1B proclamation does not cover the L-1.

L-1 extension fee: the short answer

Since September 9, 2026, a covered employer filing an L-1 extension pays a $4,500 Public Law 114-113 fee on top of the I-129 L base fee ($1,385 paper, $1,335 online) and a regular petitioner's $600 Asylum Program Fee: $6,485 or $6,435 in all. Covered means 50 or more US employees, more than half in H-1B or L-1 status. The fee runs through September 30, 2027.

The fee belongs to the petitioner. USCIS's fee schedule, Form G-1055 (edition 10/26/26), says Public Law 114-113 "requires petitioners filing an L-1 petition to pay a $4,500 fee", and that it "may not be waived and is not refundable, regardless of any action taken on the petition."

What did USCIS's October 27 policy alert (PA-2026-16) change?

PA-2026-16 did not create the fee. It updated the USCIS Policy Manual (Volume 2, Part L, Chapter 7) to match a DHS final rule, effective for petitions postmarked on or after September 9, 2026.

Before that date, DHS applied the Public Law 114-113 fee only to covered employers "seeking initial grants of L-1 status or seeking a change of employers," in the alert's words. The 9-11 Response and Biometric Entry-Exit Fee final rule (91 FR 51360, published August 10, 2026) extended it to extensions. The rule's summary says covered employers must now pay it "for all extension of status petitions, regardless of whether the related fraud prevention and detection fee applies", which is why a same-employer extension owes the $4,500 but not the $500 fraud fee. Then PA-2026-16, "Fee Guidance for L-1 Intracompany Transferees", brought the guidance into line. Its key sentence: the fee "applies to all L-1 petitions filed by covered employers except for amended petitions that do not request an extension of stay."

The alert also confirmed that part-time and full-time employees both count in the 50/50 calculation (a "longstanding practice" the rule now codifies, it says), and it removed the dollar amounts from the Policy Manual, pointing to G-1055 instead. That is why the $4,500 figure appears on G-1055 and Form I-129, not in the alert.

Old rule, new rule, what to do differently (as of 2026-11)

Who is a covered employer under the 50/50 rule?

A covered employer is a petitioner that employs 50 or more individuals in the United States and has more than 50 percent of those employees, in the aggregate, in H-1B, L-1A or L-1B status. Both conditions must be true. People call it the "50/50 rule" because of those two numbers, not because a 50 percent share is enough.

The employer answers the test on the form itself. The Form I-129 L Classification Supplement (09/09/26 edition) asks at Item 4.a, "Does the petitioner employ 50 or more individuals in the U.S.?" and at Item 4.b, whether more than 50 percent of them are in H-1B, L-1A or L-1B status. Section 3 of the same supplement says the $4,500 must be submitted "if you responded yes to both questions" in Items 4.a and 4.b.

How the count works, by our reading of the G-1055, I-129 and PA-2026-16 text:

• Every US employee is in the headcount, part-time and full-time, citizens and green-card holders included.
• Only H-1B, L-1A and L-1B workers count toward the share. Colleagues on F-1 OPT or STEM OPT, TN, O-1 or E-3 are in the headcount but not in the H-1B/L-1 share, because those statuses are not on the list.
• An employer under 50 US employees is never covered, whatever its visa mix.

Three quick illustrations:

One edge case to flag for counsel: an employer sitting at exactly half. The G-1055, the I-129 L Supplement and the alert's own footnote and highlights all say "more than 50 percent", but the alert's Background paragraph describes employers where "50 percent or more" are in H-1B or L-1 status. If your employer's share is at or near 50 percent, that is a question for the company's immigration attorney, not a rounding decision for HR.

Which L-1 filings trigger the $4,500 fee?

The fee follows the filing type. Your employer's answers in Part 2 of Form I-129 (Item 2, "Basis for Classification", and Item 4, "Requested Action") largely tell you which row you are in.

Fee rules as of 2026-11, from G-1055 edition 10/26/26 and the 09/09/26 Form I-129.

The $500 fraud fee, under the L-1 Visa Reform Act of 2004, covers only initial L approvals and new petitioners, so a same-employer extension does not pay it. For blanket L transfers, G-1055's Form I-129S entry lists the same $4,500 fee and covered-employer test; how it applies to a given case is a question for counsel. Our guide to whether your employer's blanket L-1 petition already covers you explains how blanket approvals work.

What does an L-1 extension cost now? Covered vs non-covered employer

Government fees for a same-employer L-1 extension filed by a regular (not small, not nonprofit) petitioner:

Fees as of 2026-11, from USCIS Form G-1055, edition 10/26/26 (posted 2026-10-28). Attorney fees are not included.

Two variations. A nonprofit petitioner pays a $695 base fee and a $0 Asylum Program Fee, but if it meets the 50/50 test the $4,500 still applies, for $5,195. A petitioner filing as a small employer also pays the $695 base fee, plus a $300 Asylum Program Fee ($995); whether the $4,500 is added, for $5,495, turns on the 50/50 headcount, not on the small-employer label. Neither status waives the $4,500. For every other L-1 cost, see our breakdown of what an L-1 visa costs in 2026 and who pays each fee.

Worked example: an L-1B extension filed in November 2026

Suppose you hold L-1B status and your I-94 ends on 2027-02-28. Your employer has 400 US employees, part-time staff included, and 230 of them are in H-1B, L-1A or L-1B status. That is 57.5 percent, so the employer is covered.

Change one fact: if only 150 of the 400 employees held H-1B or L-1 status (37.5 percent), the same extension would cost $1,985 on paper or $1,935 online.

On timing, USCIS's tool showed 6.5 months for I-129 L petitions when checked on 2026-11-01 (80 percent of cases completed within). That is a dated snapshot; check the live USCIS processing-times tool. Premium processing is 15 business days for L-1A and L-1B petitions, per the USCIS premium processing page. When to file is your employer's counsel's call; our explainer on L-1 extension limits, recapture and filing timing covers the 7-year and 5-year caps.

How to check whether the $4,500 applies to your L-1 extension

1. Ask HR or the company's immigration attorney how the employer answered Items 4.a and 4.b on the L Classification Supplement to Form I-129.
2. Confirm the filing type in Part 2 of Form I-129: "Extend the stay" (Item 4.c) owes the fee at a covered employer; "Amend the stay" with no additional time (Item 4.d) does not.
3. Check the current Form G-1055 fee schedule on the day the petition goes out, since the alert now defers to it for every amount.
4. Verify that the packet uses the 09/09/26 edition listed on the USCIS Form I-129 page and, for paper, the current mailing address from that page's filing instructions (see the USCIS filing-locations update).
5. Pay by card with Form G-1450 or by ACH debit with Form G-1650; since 2025-10-28 USCIS rejects paper checks unless the filer qualifies for an exemption under Form G-1651. The L Supplement's fee section still mentions "separate checks or money orders", so counsel should confirm the payment method before mailing.

Does the $100,000 H-1B fee apply to L-1 petitions?

No. Proclamation 11069 (signed 2026-09-18, 91 FR 60497) restricts entry for one classification, the H-1B under INA 101(a)(15)(H)(i)(b), and its text never names the L-1. The $4,500 is a separate statutory fee.

Even for H-1B, the $100,000 is not being collected as of November 1, 2026. Courts vacated the agency policies implementing it (California v. Mullin, now on appeal at the First Circuit, and Global Nurse Force v. Trump, on appeal at the Ninth), while the proclamation itself stays in effect on paper until 2027-09-21. USCIS's I-129 page adds: "If this order is later lifted, DHS still plans to collect the payment." G-1055 still prints a $100,000 line under H-1B; that is not evidence the payment is being collected. Our explainer on which visas sit outside the $100,000 proclamation covers E-3, H-1B1, O-1 and TN.

Why an F-1, OPT or H-1B reader should care

You will rarely move from OPT straight to an L-1. The category requires one continuous year of work abroad for a qualifying related company within the prior three years, as the USCIS L-1A page explains. Total L-1A time tops out at 7 years and L-1B at 5. Our L-1 intracompany transfer guide walks through who qualifies.

The 50/50 test matters to you anyway. The same test sets the H-1B number: a covered employer owes $4,000 on H-1B extensions under the same rule and dates, as our post on the $4,000 9-11 fee on H-1B extensions explains. If you later return to the US on an L-1 through a global employer, this is the math it will run.

For context, USCIS's I-129 data for FY2026 Q1-Q3 (initial and extension petitions together) show approval rates of 91.2 percent for L-1A and 91.3 percent for L-1B, with RFE rates of 25.9 and 29.4 percent. Those quarters predate the PA-2026-05 evidence policy of August 5, 2026, so they are background, not a forecast.

What else is moving for L-1 extensions? (Proposed, not law)

• Deference NPRM (RIN 1615-AD26), proposed. Published 2026-10-14, it would delete 8 CFR 214.1(c)(5), deference to prior approvals, for all I-129 extensions, L-1 included. Comments close 2026-11-13; current deference rules still apply.
• Worker grace-period NPRM (RIN 1615-AD22), proposed. It would remove the discretionary 60-day grace period in 8 CFR 214.1(l)(2) for L-1, H-1B, H-1B1, O-1, TN and E-1, E-2 and E-3 workers and their dependents. Comments close 2026-11-10, 11:59 p.m. ET; the current 60 days still applies. If it were finalized as proposed, the only window left would be the up-to-10 days after the petition's validity period in 8 CFR 214.1(l)(1), which runs from the petition's end date, not from a job loss. It does not touch the separate 60-day grace period for F-1 students.

Neither proposal is law. After its comment period closes, check its Federal Register page for any later action.

Common mistakes

• Thinking PA-2026-16 started the fee on October 27. The fee has applied to extensions postmarked since 2026-09-09; the alert only updated the guidance.
• Reading "50/50" as "50 percent is enough." The fee schedule and Form I-129 both say more than 50 percent, plus at least 50 US employees.
• Counting only full-time staff. PA-2026-16 says part-time and full-time employees both count, in the aggregate.
• Treating every amendment as exempt. Only an amendment that does not extend the stay is exempt; one that adds time owes the $4,500.
• Assuming a nonprofit or small-employer rate cuts the $4,500. Those labels lower the base and Asylum Program fees only; the 50/50 headcount alone decides the $4,500, and G-1055 says it is not refundable even if the petition is denied.
• Filing an old I-129 edition or the wrong fee. From 2026-11-09 USCIS accepts only the 09/09/26 edition, and G-1055 says a petition with an incorrect fee "will be rejected."

Frequently asked questions

How much is the L-1 extension fee in 2026?

As of November 1, 2026, a regular petitioner filing an L-1 extension pays the I-129 L base fee of $1,385 on paper or $1,335 online plus a $600 Asylum Program Fee, so $1,985 or $1,935. A covered 50/50 employer also owes the $4,500 Public Law 114-113 fee, for $6,485 on paper or $6,435 online before optional premium processing at $2,965. Small employers and nonprofits pay a $695 base fee instead. The amounts come from USCIS Form G-1055, edition 10/26/26.

What is the 50/50 rule for the $4,500 fee?

It is the covered-employer test. An employer owes the fee if it employs 50 or more people in the United States and more than 50 percent of them, counting part-time and full-time staff in the aggregate, are in H-1B, L-1A or L-1B status. The employer answers it in Items 4.a and 4.b of the L Classification Supplement to Form I-129, and the same test sets the $4,000 fee on H-1B extensions.

Does the $4,500 fee apply to amended L-1 petitions?

Only if the amendment also asks for more time. USCIS Policy Alert PA-2026-16, dated October 27, 2026, says the fee applies to all L-1 petitions filed by covered employers except amended petitions that do not request an extension of stay. An amendment that only updates the job or worksite inside your current approved period is exempt, while one that also extends your stay owes the fee.

When does the L-1 extension fee sunset?

The fee applies to L-1 petitions from covered employers postmarked or filed from September 9, 2026 through September 30, 2027, according to PA-2026-16 and Form G-1055. As written, it does not reach petitions filed after September 30, 2027. Check the current G-1055 before any filing near that date, because only the fee schedule in force on the filing day counts.

Is the $100,000 fee charged on L-1 petitions?

No. Proclamation 11069, signed September 18, 2026, restricts entry only for H-1B workers under INA 101(a)(15)(H)(i)(b) and never names the L-1. Even for H-1B, the $100,000 payment is not being collected as of November 1, 2026, because federal courts vacated the agency policies that implement it, though the proclamation stays in effect on paper until September 21, 2027.

Sources

• USCIS Policy Alert PA-2026-16, Fee Guidance for L-1 Intracompany Transferees (2026-10-27)
• Federal Register, 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas, 91 FR 51360 (2026-08-10)
• USCIS Form G-1055, Fee Schedule (edition 10/26/26)
• USCIS Form I-129 page (editions, filing, $100,000 note)
• USCIS filing locations and online filing options update
• USCIS, Additional Form I-129 categories available to file by PDF upload (2026-10-07)
• USCIS L-1A Intracompany Transferee Executive or Manager
• USCIS, How Do I Request Premium Processing?
• USCIS I-129 approval and RFE data, FY2026 Q3
• Proclamation 11069, Restriction on Entry of Certain Nonimmigrant Workers
• Federal Register, Removing Deference to Prior USCIS Determinations of Eligibility (proposed)
• Federal Register, Eliminating the Discretionary 60-Day Grace Period (proposed)

How we checked this: we read PA-2026-16, Form G-1055 (edition 10/26/26), the 09/09/26 Form I-129 and its L Classification Supplement, the Federal Register entries for 91 FR 51360 and the two proposals, Proclamation 11069, the FY2026 Q3 I-129 data file, and the USCIS I-129, L-1A, PDF-upload and premium-processing pages on 2026-11-01 and 2026-11-02.

This is general information, not legal or tax advice. Your own I-94, approval notice and receipt govern, and fee questions for a specific petition belong with your employer's immigration attorney.

An L-1 extension is your employer's filing, but your next career move is yours to plan. If you are weighing a multinational role against an H-1B path, or want help finding employers that sponsor, F1Jobs is happy to talk it through.