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.