DHS Expands 9-11 Biometric Fee to H-1B and L-1 Extension Petitions

By: Kirti Kalra | August 7, 2026

The Department of Homeland Security (DHS), through U.S. Customs and Border Protection CBP), has issued a final rule expanding when certain employers must pay the 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 petitions.

Who Is Affected?

The rule applies to employers that:

• employ at least 50 people in the United States; and
• have more than 50% of their U.S. workforce, in the aggregate, in H-1B, L-1A, or L-1B nonimmigrant status.

Applicable Fees:

Covered employers must pay:

• $4,000 for each covered H-1B petition; or
• $4,500 for each covered L-1 petition.

What Is Changing?

Covered employers will be required to pay the fee for all H-1B and L-1 extension-of-status petitions, including extensions for employees who will remain with the same employer.

DHS previously generally collected the fee only for petitions seeking an initial grant of status or a change of employer. The rule does not increase the fee amounts; it expands the types of petitions subject to the fee.

Additional Details

• An amended petition that does not request an extension of status remains exempt.
• The fee provisions currently apply to petitions filed through September 30, 2027, unless extended by Congress.
• The rule is scheduled for publication in the Federal Register on August 10, 2026. If published as scheduled, it is expected to take effect on September 9, 2026.

Recommended Action:

Potentially affected employers should review their U.S. workforce composition, identify upcoming H-1B and L-1 extension filings, and account for the additional fees in their immigration budgets. Employers should consult immigration counsel regarding how the rule applies to specific petitions.