If your company sponsors a worker in TN, H-1B or L-1 status, or if you are extending your E-2 with USCIS from inside the United States, the form you use is the I-129. This fall there are two changes to check before you file: a new edition of the form, required starting November 9, 2026, and an extra fee for L-1 and H-1B petitions that now also applies to extensions. Here is what you need to know about both.

What is Form I-129?

It is the petition a company files with USCIS to request or extend a nonimmigrant worker’s status. It is used, among others, for TN, H-1B and L-1 petitions, and for E-1 and E-2 extensions or changes of status requested from inside the United States. A TN for a Mexican professional requested at a consulate does not use this form.

What changed with the form edition?

USCIS published a new edition of Form I-129 dated 09/09/26, together with the rule on the H-1B and L-1 fee. The rules are:

• Through November 8, 2026, USCIS accepts both the new edition and the previous one (02/27/26).
• Starting November 9, 2026, USCIS accepts only the 09/09/26 edition.
• If you send the 02/27/26 edition postmarked or submitted online on or after November 9, it will be rejected.

The edition date appears at the bottom of every page of the form. All pages must be from the same edition.

What happens if my form is rejected?

A rejection is not a denial, but it has consequences. Under the USCIS Policy Manual, a rejected case does not keep its filing date. You have to send it again in full, with new fees, and USCIS treats it as a new filing. If your status is about to expire, those days can make a big difference.

What is the extra $4,500 fee?

It is a fee the law imposes on certain companies that rely heavily on H-1B or L-1 workers. It is $4,500 for L-1 petitions and $4,000 for H-1B petitions.

On October 27, 2026, USCIS updated its Policy Manual to explain the change. Before, for L-1 petitions, this fee was charged only when the worker was receiving L-1 status for the first time or changing employers. Starting September 9, 2026, it also applies to extensions.

Who has to pay it?

Only “covered employers,” meaning companies that:

• Have 50 or more employees in the United States, and
• Have more than half of those employees in H-1B, L-1A or L-1B status. Both full-time and part-time employees count.

The fee applies to petitions filed through September 30, 2027. It does not apply to an amended petition that does not ask to extend the worker’s status. It is mandatory, cannot be waived and is not refundable.

If your company is small, or if most of your employees are not in H-1B or L-1 status, this fee does not apply to you.

How much does an L-1 or H-1B petition cost in 2026?

According to the USCIS fee schedule (updated October 28, 2026):

• L-1: $1,385 on paper or $1,335 online. For small employers and nonprofits, $695.
• H-1B: $780 on paper or $730 online. For small employers and nonprofits, $460.
• Asylum Program Fee: $600 for most companies, $300 for small employers and $0 for nonprofits.
• Fraud Prevention and Detection fee: $500 when it is the worker’s first petition or when the worker is changing employers.

H-1B petitions also carry other fees that depend on the size of the company. TN, E-1 and E-2 fees are different. Always check the USCIS fee schedule on the day you file.

What we recommend

1. Download Form I-129 from uscis.gov on the day you file and check that every page says 09/09/26.
2. If you already have a package ready with the old edition, mail it before November 9, or switch it to the new edition.
3. Count your employees (full-time and part-time) and how many are in H-1B or L-1 status, to know whether the $4,500 fee applies to you.
4. Check the fee schedule on the day you file. Fees change, and an incorrect fee is a reason for rejection.
5. Plan renewals early. Fernanda Inegol recommends starting about six months before the status expires, without rushing.

Need help?

If your company is sponsoring or renewing a worker in TN, H-1B or L-1A status, or if you are extending your E-2, schedule a consultation with our San Antonio office. We will review your dates, your fees and your package before you file.

This article is general information and is not legal advice for your case. Fernanda Inegol, Barba Inegol Law Firm PLLC.

Sources: USCIS: Form I-129 (notice of the 09/09/26 edition) · USCIS: Policy Alert PA-2026-16 on L-1 fees, October 27, 2026 (PDF) · USCIS Policy Manual, Vol. 2, Part L, Ch. 7 · USCIS: Fee Schedule G-1055 · USCIS Policy Manual, Vol. 1, Part B, Ch. 6