What’s Happening?
On August 10, 2026, the Department of Homeland Security (“DHS”) published a final rule expanding the circumstances in which certain employers must pay the 9-11 Response and Biometric Entry-Exit Fee when filing H-1B and L-1 petitions.
Effective September 9, 2026, covered employers will be required to pay the additional $4,000 fee for H-1B petitions and $4,500 fee for L-1 petitions when requesting an extension of status, including routine extensions with the same employer. Previously, the fee applied to petitions involving an initial grant of H-1B or L-1 status or a change of employer.
The rule does not expand which employers are subject to the fee. Rather, it expands the types of H-1B and L-1 filings for which employers already subject to the fee must pay it.
Which Employers Are Subject to the Fee?
The 9-11 Biometric Fee applies to employers that:
employ 50 or more employees in the United States; and
have more than 50 percent of their U.S. employees in H-1B, L-1A, or L-1B nonimmigrant status.
Employers that do not meet both requirements are not subject to the fee.
The amount of the fee remains unchanged:
H-1B petitions: $4,000
L-1 petitions: $4,500
What Is Changing?
Under DHS’s prior interpretation, the 9-11 Biometric Fee was generally tied to whether the separate Fraud Prevention and Detection Fee was required. As a result, covered employers generally paid the additional fee when seeking an initial grant of H-1B or L-1 status or when filing a change-of-employer petition, but not for a routine extension of status with the same employer.
DHS has now revised its interpretation of the underlying statute. Under the final rule, the 9-11 Biometric Fee applies to all H-1B and L-1 extension-of-status petitions filed by covered employers, regardless of whether the Fraud Prevention and Detection Fee is also required. This includes extension-of-status petitions where the foreign national will remain employed by the same employer.
Beginning September 9, 2026, a covered employer filing a routine H-1B extension with the same employer will incur an additional $4,000 fee, while a covered employer filing an L-1 extension will incur an additional $4,500 fee.
Importantly, an amended H-1B or L-1 petition that does not request an extension of the foreign national’s currently authorized status remains exempt from the fee.
What Does This Mean for Employers?
For employers that are subject to the 9-11 Biometric Fee, the rule will result in a significant additional cost for H-1B and L-1 extension filings beginning September 9, 2026. Employers with substantial H-1B or L-1 populations should budget for the additional $4,000 or $4,500 fee each time an extension of status is requested, including extensions involving continued employment with the same employer.
The final regulations currently provide that the fee applies to covered H-1B and L-1 petitions filed on or before September 30, 2027, consistent with the current statutory sunset date.
D&S will continue to monitor implementation of the final rule and provide updates regarding any additional agency guidance affecting H-1B and L-1 filing requirements.
This alert is for general informational purposes only and does not constitute legal advice. Please consult D&S immigration counsel regarding your specific circumstances. D&S Senior Associate, Paulina Baginska, assisted with the preparation of this alert.