The Department of Homeland Security (DHS) and the Department of Labor (DOL) recently announced several immigration-related regulatory developments affecting electronic filing, H-1B and L-1 filing fees, and the PERM labor certification program.
Below is a digest of these updates and their potential implications for employers, with links to the full posts for more information.
USCIS Establishes Framework for Mandatory Electronic Filing of Immigration Forms
DHS has established a framework that will allow USCIS to require electronic filing of certain immigration benefit requests in the future. No forms are subject to mandatory electronic filing yet, and USCIS must provide at least 60 days’ advance notice before implementing a requirement for an eligible form.
DHS Expands 9/11 Biometric Fee to H-1B and L-1 Extension Petitions
Beginning September 9, 2026, employers already subject to the 9-11 Response and Biometric Entry-Exit Fee must pay the additional $4,000 H-1B fee or $4,500 L-1 fee when requesting an extension of status, including a routine extension with the same employer. The fee applies to employers with at least 50 U.S. employees and more than 50 percent of the U.S. workforce holding H-1B or L-1 status. The rule does not expand which employers are covered, but it will significantly increase extension filing costs for employers that meet the existing statutory criteria.
DOL Plans Major Modernization of PERM Labor Certification Program
DOL has announced plans to modernize the PERM labor certification program, potentially affecting recruitment requirements, applicant review, layoff analyses, recordkeeping, and employer compliance obligations. No proposed regulatory language has been published and no changes are currently in effect, so employers will continue processing PERM cases under the existing regulations while monitoring the rulemaking.
D&S will continue to monitor these developments and provide further guidance as additional information becomes available.