L-1 Visa 2026: New USCIS Evidence Rules and the September 9 Biometric Fee Expansion : What Multinational Employers Must Know

Updated September 1, 2026

The L-1 visa remains a central pathway for multinational companies transferring managers, executives, and specialized-knowledge employees to the United States. In 2026, employers must address two significant developments:

1. USCIS Policy Alert PA-2026-05, effective August 5, 2026, restores USCIS discretion to deny deficient petitions without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
2. A DHS final rule effective September 9, 2026, expands the $4,500 9-11 Response and Biometric Entry-Exit Fee to qualifying L-1 extension-of-stay petitions filed by covered employers.

These changes increase the importance of complete initial filings, accurate employee classification, corporate documentation, and advance fee planning.

What USCIS Policy Alert PA-2026-05 Changes

USCIS issued Policy Alert PA-2026-05 on August 5, 2026. The alert updates the USCIS Policy Manual provisions governing evidence, RFEs, and NOIDs.

The policy applies to benefit requests pending or filed on or after August 5, 2026. It is not limited to L-1 petitions. However, it directly affects L-1A, L-1B, and new office petitions because each petition must establish eligibility at the time of filing.

Under the updated policy, USCIS may deny a petition without issuing an RFE or NOID when:

• The petitioner fails to submit required initial evidence.
• The petition lacks a legal basis for approval.
• The submitted record does not establish eligibility under the applicable statute, regulation, or form instructions.

The petitioner bears the burden of proving eligibility. An employer should not assume that USCIS will identify missing evidence and provide an opportunity to correct the filing.

A missing foundational document can now result in an immediate denial.

RFEs and NOIDs remain available in appropriate cases. USCIS, however, is not required to issue them before denying a deficient petition.

The policy also clarifies that:

• The maximum RFE response period is 12 weeks. It is not an automatic or standard response period.
• The maximum NOID response period is 30 days.
• USCIS may not grant additional time to respond.
• Notices served by mail receive three additional days under the regulations.
• The former additional 14-day period for notices mailed internationally no longer applies.
• A partial response to an RFE or NOID is treated as a request for USCIS to decide the case on the submitted record.

Employers must therefore maintain a reliable process for monitoring USCIS notices and escalating them immediately to immigration counsel.

September 9, 2026: The $4,500 L-1 Biometric Fee Expansion

DHS published the final rule, “9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas,” in 91 Fed. Reg. 51360–51380. The rule is effective September 9, 2026, and amends the regulations at 8 C.F.R. Part 106.

The rule requires covered employers to submit the 9-11 Biometric Fee for qualifying L-1 petitions, including extension-of-stay petitions that do not involve a change of employer.

The applicable fee is:

• $4,500 for L-1 petitions
• $4,000 for H-1B petitions

The $4,500 payment is an additional government fee. It does not replace the Form I-129 filing fee, the Fraud Prevention and Detection Fee when applicable, the Asylum Program Fee, or premium processing fees.

The rule continues to apply to initial grants of status. The significant 2026 expansion is that covered employers must also pay the fee for qualifying extension-of-stay filings, including same-employer extensions.

According to the USCIS Form I-129 page, Form I-129 petitions postmarked or electronically submitted on or after September 9, 2026, must include the fees required under the final rule.

Which Employers Are Covered?

A covered employer is an employer that:

• Employs 50 or more individuals in the United States; and
• Has more than 50 percent of its U.S. workforce in H-1B, L-1A, or L-1B nonimmigrant status.

Employers should document the calculation used to determine whether the threshold applies. The analysis should identify:

1. The total number of U.S. employees.
2. The number of employees in H-1B or L-1 status.
3. The percentage represented by H-1B and L-1 workers.
4. The date on which the calculation was performed.
5. The records supporting the calculation.

For example, an employer with 80 U.S. employees, 45 of whom hold H-1B or L-1 status, exceeds both thresholds. The employer should plan for the $4,500 fee on each qualifying L-1 extension-of-stay petition.

The rule is not retroactive. It applies to relevant petitions filed on or after the September 9, 2026 implementation date. Employers should review the current USCIS fee schedule before filing because fee procedures and amounts may change.

L-1A and L-1B: Different Evidence Requirements

The L-1 classification has two primary categories. The evidence must match the category selected.

L-1A Managers and Executives

The L-1A category applies to an employee transferring to the United States to work in an executive or managerial capacity.

A managerial or executive title is not sufficient. USCIS evaluates the employee’s actual duties, authority, position within the organization, and relationship to subordinate employees or managed functions.

A strong L-1A petition should explain:

• The employee’s authority to make decisions with broad discretion.
• The department, division, or function the employee manages.
• The employee’s authority to supervise professional employees.
• The number and roles of subordinate employees.
• The duties performed by those subordinates.
• The employee’s percentage allocation among managerial, executive, and operational tasks.
• The company’s organizational structure and reporting lines.

For a people manager, organizational charts should identify the employee, direct reports, subordinate positions, and the qualifications of professional employees. For a function manager, the petition should identify the essential function, explain its importance to the business, and establish the employee’s authority over that function.

The L-1A classification may be approved for a maximum period of seven years, subject to the applicable statutory and regulatory requirements.

L-1B Specialized Knowledge Employees

The L-1B category applies to employees who possess specialized knowledge of the petitioning organization’s products, services, research, equipment, techniques, management, or other interests.

The petition must distinguish the employee’s knowledge from ordinary industry knowledge or general professional skill. USCIS may consider whether the knowledge is:

• Advanced in relation to the organization’s processes or products.
• Proprietary or uncommon within the industry.
• Difficult to transfer to another employee in the United States.
• Developed through significant company-specific training or experience.
• Critical to the employer’s operations or competitiveness.

Supporting evidence may include internal training records, project documentation, product materials, technical manuals, performance records, statements from company executives, and evidence showing why the employee is uniquely qualified for the proposed role.

A vague statement that the employee is “highly experienced” is generally insufficient. The filing must identify the specific knowledge, how the employee obtained it, and how the knowledge will be used in the United States.

The L-1B classification generally has a maximum period of five years.

Evidence Required for Every L-1 Petition

Whether the petition seeks L-1A or L-1B classification, the employer must establish the fundamental elements of eligibility.

Qualifying Corporate Relationship

The U.S. petitioner and the foreign employer must have a qualifying relationship. Common structures include:

• Parent and subsidiary.
• Branch offices of the same organization.
• Affiliates under common ownership and control.

Evidence may include:

• Articles of incorporation.
• Stock certificates and capitalization tables.
• Corporate registration records.
• Annual reports.
• Organizational ownership charts.
• Tax records.
• Financial statements.
• Purchase or merger agreements.
• Corporate formation and governance documents.

Ownership evidence must be consistent across the petition. Incomplete or conflicting corporate records can prevent USCIS from confirming the qualifying relationship.

One-Year Foreign Employment Requirement

The beneficiary must generally have worked for a qualifying organization abroad for at least one continuous year during the three years preceding admission to the United States or the filing of the petition, as applicable.

Employers should provide:

• Employment verification letters.
• Payroll records.
• Foreign tax records.
• Organizational charts.
• Personnel records.
• Job descriptions.
• Evidence of the beneficiary’s foreign duties and dates of employment.

The record must establish both the duration of employment and the relationship between the foreign employer and the U.S. petitioner.

Proposed U.S. Position

The petition should include a detailed description of the proposed U.S. duties. The description should correspond to the selected L-1 category and explain how the position fits within the U.S. organization.

Relevant evidence includes:

• U.S. organizational charts.
• Detailed job duties.
• Staffing plans.
• Subordinate employee information.
• Budgets and financial projections.
• Payroll records.
• Contracts and client documentation, when relevant.
• Office lease or premises documentation.

New Office L-1 Petitions Require Additional Planning

A new office petition involves a U.S. organization that has been doing business for less than one year. These petitions receive particular scrutiny because the employer must establish that the U.S. operation can support the proposed position.

The filing should include:

• Proof of secured physical premises.
• A credible business plan.
• Evidence of capitalization.
• Financial projections.
• Hiring plans.
• Initial contracts or business opportunities.
• The foreign entity’s financial capacity.
• A description of how the U.S. office will become operational.

For a new office L-1A petition, the employer must demonstrate that the proposed U.S. operation will support a managerial or executive position within the applicable period. A generic business plan or unsupported projection creates substantial denial risk.

Employer Action Checklist for September 2026

Employers and HR teams should take the following steps:

1. Audit upcoming L-1 filings. Identify initial petitions, amendments, extensions of stay, consular cases, and blanket L filings.
2. Determine covered-employer status. Confirm whether the company has at least 50 U.S. employees and more than 50 percent H-1B or L-1 workers.
3. Budget the $4,500 fee. Include the fee in every qualifying L-1 extension-of-stay filing submitted on or after September 9, 2026.
4. Review initial evidence checklists. Confirm that all required forms, signatures, fees, and supporting documents are included.
5. Match duties to classification. Ensure the evidence supports managerial or executive capacity for L-1A and specialized knowledge for L-1B.
6. Verify corporate records. Reconcile ownership documents, organizational charts, and financial records.
7. Document one year of foreign employment. Do not rely solely on a résumé or unsupported employer statement.
8. Establish notice-monitoring procedures. RFE and NOID deadlines may be shorter than expected, and partial responses may result in a decision on the existing record.
9. Review Form I-129 instructions. Blanket L extension filings may also require Form I-129S and a copy of the previously approved Form I-129S.

Conclusion: Complete L-1 Filings Are Now Essential

The substantive L-1 eligibility requirements have not been replaced. USCIS has, however, increased the procedural consequences of submitting incomplete or weak filings. The September 9 fee expansion also creates a significant financial obligation for covered employers seeking L-1 extensions of stay.

A complete, approvable petition must clearly establish the qualifying corporate relationship, the beneficiary’s one year of foreign employment, the proposed U.S. duties, and the facts supporting L-1A or L-1B classification.

Blasingame Law LLC provides business immigration attorney services for employers, HR departments, and multinational organizations managing foreign talent. Our firm assists with L-1 petitions, new office filings, blanket petition matters, extension-of-stay filings, RFEs, NOIDs, and workforce compliance.

Contact Blasingame Law LLC to schedule a consultation regarding an L-1 visa or other work visa for foreign employees.

This article provides general information and does not constitute legal advice. Employers should obtain a case-specific assessment before filing an L-1 petition or relying on a fee exemption.