Employers using the L-1 visa to transfer executives, managers, or specialized-knowledge employees must account for two significant developments in 2026.
First, a new Department of Homeland Security rule expands the 9-11 Response and Biometric Entry-Exit Fee to additional L-1 extension petitions. Second, a USCIS policy update gives officers broader discretion to deny incomplete petitions without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
These changes do not alter the fundamental statutory requirements for an intracompany transfer visa. They increase the financial and evidentiary consequences of filing an incomplete or improperly prepared petition.
This article reflects the rules and agency guidance available as of September 19, 2026.
1. The 2026 Biometric Fee Expansion Applies to L-1 Extensions
On August 10, 2026, DHS published a final rule at 91 Federal Register 51360. The rule became effective on September 9, 2026.
The rule revises 8 C.F.R. § 106.2(c)(9) to require covered employers to pay the 9-11 Response and Biometric Entry-Exit Fee on all qualifying L-1 petitions seeking an initial grant or extension of status.
Previously, covered employers generally paid this fee on initial petitions and certain change-of-employer petitions. The rule now extends the fee to routine same-employer extension petitions.
Which employers are covered?
An employer is covered if it:
- Employs 50 or more employees in the United States; and
- Has more than 50 percent of its U.S. employees in H-1B, L-1A, or L-1B status, calculated in the aggregate.
For a covered employer, the applicable fee is:
- $4,500 for each L-1 petition; and
- $4,000 for each H-1B petition.
The L-1 fee is separate from the ordinary Form I-129 filing fee and any other applicable petition fees.
Which filings are affected?
The fee applies to covered-employer L-1 petitions that request:
- An initial grant of L-1 classification;
- A change of employer; or
- An extension of the worker’s authorized L-1 status, including a same-employer extension.
The fee does not apply to an amended L-1 petition that does not request an extension of the employee’s currently authorized status. For example, a qualifying amendment may be exempt when it reports a material change during the existing validity period but does not extend the authorized stay.
Form I-129 petitions postmarked or electronically submitted on or after September 9, 2026, must include the required fee when the rule applies. A missing or incorrect fee may cause USCIS to reject the petition at intake.
Why the change matters financially
DHS reported that only approximately 27 percent of H-1B petitions filed by covered employers were subject to the fee during fiscal years 2018 through 2025. Under the new interpretation, DHS estimated that the rule would generate approximately $37.9 million in fiscal year 2026 and $40 million in fiscal year 2027.
Employers with large populations of L-1 workers must therefore reassess their immigration budgets. A routine extension cycle may now create repeated $4,500 charges for each qualifying L-1 employee.
Employers should verify the applicable amounts using the current USCIS fee schedule and the H and L filing fee guidance before submitting a petition.
2. USCIS May Deny Incomplete L-1 Petitions Without an RFE
On August 5, 2026, USCIS announced a policy update reinforcing initial evidence requirements. The update states that USCIS may deny a benefit request without first issuing an RFE or NOID when the petitioner:
- Fails to provide required initial evidence;
- Fails to establish eligibility at the time of filing; or
- Provides a record that does not establish a legal basis for approval.
The policy applies to requests pending or filed on or after August 5, 2026, unless a regulation or specific USCIS policy provides otherwise. The agency’s announcement is available at USCIS’s evidence standards alert.
This policy does not eliminate RFEs. USCIS may still issue an RFE when an officer determines that additional evidence is appropriate. The change eliminates the prior expectation that USCIS would first provide an opportunity to supplement an incomplete filing.
Employers must treat the initial L-1 filing as the principal opportunity to establish eligibility.
Evidence that should be complete at filing
An L-1 petition should address each applicable requirement with organized, specific documentation. The filing should generally include:
- Evidence of a qualifying relationship between the U.S. and foreign entities, such as a parent, branch, subsidiary, or affiliate relationship;
- Documentation establishing common ownership or control;
- Evidence that the foreign employee worked for a qualifying organization abroad for one continuous year during the three years preceding admission to the United States;
- A detailed description of the proposed U.S. position;
- Detailed evidence supporting executive or managerial duties for an L-1A petition;
- Detailed evidence supporting specialized knowledge for an L-1B petition;
- Organizational charts showing the employee’s position, reporting structure, and subordinate personnel, when relevant;
- Payroll, tax, corporate, financial, and operational records demonstrating that the entities are doing business; and
- Evidence of the employer’s ability to support the proposed position.
For a new-office petition, the employer must provide additional evidence concerning the U.S. operation. Depending on the classification, this may include:
- Proof of sufficient physical premises;
- A credible business plan;
- Financial capacity to compensate the employee;
- A projected staffing structure;
- Evidence that the new office will support an executive or managerial position within one year; and
- Evidence that the business will begin regular, systematic, and continuous operations.
Weak descriptions of job duties create particular risk. L-1A petitions must demonstrate actual executive or managerial responsibilities rather than rely on a job title. L-1B petitions must explain the employee’s specialized knowledge and its relationship to the organization’s products, services, processes, or international operations.
3. Core L-1 Visa Rules Employers Must Continue to Apply
The 2026 changes affect fees and adjudication procedures. They do not replace the underlying L-1 eligibility requirements.
No labor certification is required
An L-1 petition does not require PERM labor certification or a prevailing-wage process. The classification is based on the qualifying corporate relationship and the employee’s prior and proposed role within that organization.
L-1A and L-1B periods of stay
The maximum periods are:
- L-1A: Up to seven years;
- L-1B: Up to five years; and
- New-office L-1: An initial period of up to one year.
After the initial period, extensions may be granted in increments of up to two years, subject to the applicable maximum.
Employers should review extension timelines well before the worker’s current authorized stay expires. The new fee must be included when the petition is subject to the September 9 rule.
Blanket L petitions
Large multinational organizations may qualify for a blanket L petition when they meet the applicable corporate, operational, and filing requirements. A blanket approval can streamline transfers for qualifying employees, but it does not guarantee that every employee qualifies for L-1 classification.
An L-1B employee relying on a blanket petition must qualify as a professional under the applicable regulations. An L-1B worker who is not a “professional” must generally be supported by an individual Form I-129 petition rather than the blanket Form I-129S process.
The USCIS L-1A guidance and L-1B guidance provide additional information.
Dual intent and the EB-1C pathway
L-1 classification permits dual intent. An L-1 worker may pursue permanent residence without automatically violating the temporary nature of L-1 status.
L-1A executives and managers may also be potential candidates for the employment-based first preference multinational manager or executive category, commonly referred to as EB-1C. Eligibility for EB-1C requires a separate analysis and does not automatically result from L-1A approval.
L-2 spouses may work
Spouses and unmarried children under 21 may accompany or follow the L-1 worker in L-2 status. A spouse in valid L-2S status is generally employment authorized incident to status. An unexpired Form I-94 showing L-2S status may serve as evidence of employment authorization for Form I-9 purposes. An L-2 spouse may also obtain an Employment Authorization Document.
Employers should verify the employee’s and dependent’s current Form I-94 and other employment authorization documentation before completing or updating Form I-9 records.
4. Practical Action Items for Employers and HR Teams
Employers using the L-1 intracompany transfer visa should take the following steps:
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Audit workforce composition. Confirm whether the company has at least 50 U.S. employees and whether more than half are in H-1B, L-1A, or L-1B status.
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Review extension timelines. Identify all L-1 employees whose extensions may be filed on or after September 9, 2026.
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Reassess the immigration budget. Account for the additional $4,500 fee for each qualifying L-1 petition filed by a covered employer.
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Verify fee amounts before filing. Review the current USCIS fee schedule and confirm whether the petition is an initial, amended, change-of-employer, or extension filing.
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Strengthen initial evidence procedures. Use a checklist covering the corporate relationship, foreign employment, proposed duties, organizational structure, and financial documentation.
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Review new-office cases carefully. Confirm that the petition includes premises, funding, business-plan, staffing, and operational evidence appropriate to the requested classification.
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Coordinate HR and legal teams. Ensure that corporate records, payroll data, organizational charts, and job descriptions are consistent across the petition.
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Plan for permanent residence where appropriate. Evaluate whether an L-1A worker may qualify for an EB-1C strategy before the maximum period of L-1A stay is reached.
Consult Blasingame Law LLC Before Filing
The 2026 L-1 changes increase the consequences of inaccurate fee assessments and incomplete documentation. Employers should obtain case-specific legal guidance before filing an extension, amended petition, new-office petition, or blanket-related transfer.
Blasingame Law LLC has more than thirty years of experience in corporate and private immigration practice. The firm provides personalized business immigration counsel, workforce compliance guidance, and strategic support for HR teams and employers of all sizes.
Contact Blasingame Law LLC to schedule a consultation before submitting an L-1 petition.
