USCIS Updates 2026 Fee Schedule and Proposes Ending the 60-Day Grace Period: What International Founders Should Know
Updated: September 16, 2026
Topic: USCIS fees, H-1B and L-1 petitions, nonimmigrant status, international founders, and U.S. employers
USCIS has published a new September 9, 2026 edition of Form G-1055, Fee Schedule, and the Department of Homeland Security has proposed eliminating the discretionary 60-day grace period that can apply to certain nonimmigrants after employment or another qualifying activity ends. [1] [2]
These developments matter to international founders and U.S. businesses that sponsor or employ H-1B, L-1, E-1, E-2, E-3, O-1, or TN workers. The fee schedule is current agency filing information, while the grace-period change is only a proposed rule. It is not final law and should not be presented as an immediate change to every worker’s status.
An EIN, ITIN, or LLC does not create immigration status or employment authorization. A business owner should separate the company’s tax and legal identity from the immigration petition, filing fee, employment authorization, and status-maintenance process.
What changed on the USCIS fee schedule?
USCIS states that it published a new edition of Form G-1055 on September 9, 2026. The edition responds to a final rule amending regulations concerning the statutory 9-11 Response & Biometric Entry-Exit Fee for H-1B and L-1 visas. [1]
USCIS explains that the regulatory changes require covered employers to submit the 9-11 Biometric Fee for all H-1B and L-1 petitions, except when the petitioner files an amended petition that does not seek an extension of the worker’s currently authorized H-1B or L-1 status, as applicable.
The G-1055 page also includes a fee exemption for Form I-765 employment authorization applications requesting renewal or replacement documents filed by dependents of Taipei Economic and Cultural Representative Office (TECRO) E-1 employees. The exemption is a specific filing category; it is not a general fee waiver for all E-1 dependents.
| Issue | What the official materials say |
|---|---|
| Current fee schedule edition | 09/09/26 |
| H-1B/L-1 biometric fee | Covered employers must submit it for applicable petitions, subject to the stated amended-petition exception |
| Incorrect fee | USCIS warns that an incorrect fee can result in rejection |
| Online payment | USCIS continues to accept payments through Pay.gov for online filings |
| Mail payment | Designated payment forms may be used, including card or ACH options where allowed |
| Cash | Cash cannot be used for filing or biometric fees at a USCIS office |
| TECRO E-1 dependents | Specific I-765 renewal/replacement fee exemption is included |
Why filing fees matter for international businesses
USCIS filing fees are part of the acceptance requirements for immigration applications and petitions. A business can have a valid EIN, a state-formed LLC, and a U.S. bank account while still having a petition rejected if the wrong form edition, filing fee, payment method, or supporting evidence is submitted.
The USCIS fee schedule should be checked immediately before filing. Forms, fee amounts, additional statutory fees, exemptions, and payment procedures can change independently of a company’s tax or formation records.
A company should make a filing checklist that identifies the form, classification, petitioner, beneficiary, filing location, form edition, filing fee, additional fee, biometric fee, payment method, and any applicable exemption or waiver. The person preparing the packet should preserve a copy of the completed form and payment evidence.
What is the proposed 60-day grace-period change?
On September 11, 2026, DHS published a proposed rule titled “Eliminating the Discretionary 60-Day Grace Period.” The proposal is published at 91 FR 57807 and relates to several nonimmigrant classifications, including E-1, E-2, E-3, H-1B/H-1B1, L-1, O-1, and TN classifications. Written comments are due November 10, 2026. [2]
The proposed rule would require certain nonimmigrants to depart upon cessation of employment or activity rather than relying on a discretionary grace period of up to 60 days. Because it is a proposed rule, it may be changed, withdrawn, delayed, challenged, or finalized in a different form.
The proposal itself should not be treated as an immediate cancellation of every existing grace-period protection. Employers and workers should continue to follow the current regulations and official USCIS guidance applicable to the facts and date of the case while monitoring the rulemaking process.
Who could be affected if the proposal becomes final?
The proposal could matter to workers whose qualifying employment or activity ends before the authorized stay expires. It could also affect employers managing terminations, transfers, changes of employer, amendments, extensions, and successor-company transactions.
For an international founder, the consequences may extend beyond employment. A founder may be an owner of a U.S. LLC, a manager of a company, an H-1B or L-1 employee, an E-2 investor, or a person relying on another nonimmigrant classification. The immigration classification and the company’s tax or state-law structure do not automatically answer what activity the person is authorized to perform.
An LLC or corporation may continue operating after a worker’s employment ends, but the individual’s right to work for, manage, or perform services for that entity depends on the applicable immigration authorization. This is why an entity’s EIN and the person’s immigration status should be reviewed separately.
What should H-1B and L-1 employers review now?
Confirm the correct fee package
Before filing an H-1B or L-1 petition, determine whether the 9-11 Biometric Fee applies and whether the amended-petition exception described by USCIS fits the case. Do not copy the fee from an older filing or rely on a search-engine summary.
Use the current G-1055 edition
USCIS identifies the edition date at the bottom of Form G-1055. If filing by mail, the form edition and page numbers should be consistent. The petition packet should also use the current edition of the underlying form and any required supplements.
Plan for employment changes
If employment will end, transfer, or materially change, the employer and worker should review the current immigration rules promptly. If the grace-period proposal advances, timing for a new petition, change of status, departure, or another lawful option may become more important.
Keep corporate records consistent
The petitioner’s legal name, EIN, worksite, business activity, ownership information, job duties, salary, and organizational documents should be consistent across the immigration filing, tax records, payroll records, contracts, and state business records. An inconsistency does not automatically mean a petition fails, but it should be identified and explained accurately.
How do payment methods work?
USCIS states that online applications and petitions can continue to be paid through Pay.gov. For mail filings, USCIS identifies payment forms for credit, debit, prepaid cards, or ACH transactions from a U.S. bank account, depending on the filing and eligibility. [1]
When filing at a USCIS office, USCIS says the filing fee must be paid through Pay.gov by card or electronic funds transfer from a U.S. banking institution using the appropriate form. Cash cannot be used for a filing or biometric services fee at a USCIS office.
Payment instructions are not the same as bank-account eligibility. A U.S. bank account may be one payment option in an eligible filing situation, but a bank decides independently whether to approve an account. ITIN.com’s banking assistance does not replace USCIS payment rules or guarantee that a payment will be accepted.
What do ITIN, EIN, and LLC services have to do with immigration filings?
Un ITIN is an IRS-issued federal tax-processing number for an eligible individual who cannot obtain an SSN. An EIN is an IRS-issued federal business tax identifier. An LLC is formed under state law. These items may support a company’s administrative and tax records, but they do not grant a visa, employment authorization, or immigration status.
A foreign founder may need a U.S. entity and EIN for business operations while separately pursuing an immigration classification. The existence of the entity does not prove that the founder is authorized to work in the United States, and an immigration approval does not replace tax, payroll, or entity compliance.
The current USCIS fee schedule and proposed grace-period rule therefore reinforce the need for separate checklists: one for entity and tax administration, and another for immigration status, petition filing, employment authorization, fees, and deadlines.
How ITIN.com can help—and where its role ends
ITIN.com can prepare and coordinate eligible ITIN, EIN, and LLC formation services and provide banking-assistance preparation. ITIN.com does not issue immigration status, adjudicate USCIS petitions, provide guaranteed approval, or determine whether a particular worker may perform a particular job.
The IRS issues ITINs and EINs. States form LLCs. USCIS decides immigration petitions and requests. Banks decide account approval. Immigration counsel or another qualified professional should address classification-specific questions, employment termination, grace periods, status violations, or petition strategy.
Practical checklist for international founders
| Before a USCIS filing | Why it matters |
|---|---|
| Check the current G-1055 edition | Avoid relying on outdated fees or payment instructions |
| Confirm the immigration classification | H-1B, L-1, E-1, E-2, E-3, O-1, and TN rules differ |
| Separate EIN/LLC records from immigration eligibility | Business identity does not create work authorization |
| Review all additional statutory fees | Some fees may be mandatory or non-waivable |
| Confirm payment method and filing location | Incorrect payment can cause rejection |
| Monitor the proposed grace-period rule | The proposal is not final, but could affect planning if adopted |
| Preserve copies and receipts | Supports case management and later response to notices |
Bottom line
USCIS has issued a new September 9, 2026 fee schedule that affects how certain H-1B and L-1 petitioners must account for the statutory 9-11 Response & Biometric Entry-Exit Fee. DHS has also proposed eliminating the discretionary 60-day grace period for certain nonimmigrants, with comments due November 10, 2026.
The fee schedule is current filing information; the grace-period change is only a proposal. International founders and U.S. businesses should verify the current fees, use the right form editions, document payment, and separate EIN/LLC administration from immigration authorization. No ITIN, EIN, LLC, or bank account guarantees USCIS approval or the right to work.
Important: This article is general information based on USCIS and Federal Register materials available on September 16, 2026. It is not immigration, legal, tax, payroll, or banking advice. The grace-period changes discussed are proposed, and filing requirements depend on the specific petition, applicant, employer, and current agency rules.
