Department of Homeland Security extends the 9-11 Biometric Fee to all H-1B and L-1 extension petitions filed by covered employers
As of our last check on November 2, 2026, this is in effect, since September 9, 2026.
We check the Federal Register daily for later actions. We check federal court opinions for rulings on published rules weekly, on Mondays. A ruling can take time to reach us, so not finding one here does not mean there is none.
In short
- What changed
- The Department of Homeland Security (DHS) issued a final rule, effective September 9, 2026, that requires covered employers to pay the 9-11 Response and Biometric Entry-Exit Fee ($4,000 for H-1B, $4,500 for L-1) on every extension of status petition, including extensions for a worker staying with the same employer. Before this rule, covered employers paid the fee only on new employment and change of employer petitions.
- Who's affected
- Only employers with 50 or more employees in the United States where more than 50 percent of those employees, counted in the aggregate, hold H-1B, L-1A or L-1B status. Employers that do not meet this test do not pay the fee.
- What to do
- If you are a covered employer, the changed duty is to include the fee with H-1B and L-1 extension petitions, including same-employer extensions, once the rule takes effect on September 9, 2026 (DHS says it will not apply to past or pending petitions). Amended petitions that do not seek an extension stay exempt, and the fee applies to petitions filed on or before September 30, 2027.
What changed
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From the sourceSupplementary Information, IV. Changes to Regulations
DHS is amending the regulations at 8 CFR 106.2(c)(8) and (9) to specify that the 9-11 Biometric Fee will apply to all H-1B and L-1 extension of status petitions filed by a covered employer, in addition to all previously covered H-1B and L-1 petitions.
Also: SUMMARY
which includes extension of status petitions that do not involve a change of employer.
The final rule amends the fee rules at title 8 of the Code of Federal Regulations (CFR), section 106.2(c)(8) and (9), so the 9-11 Biometric Fee applies to all H-1B and L-1 extension of status petitions filed by a covered employer, including extensions that do not involve a change of employer.
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From the sourceSupplementary Information, V.A.1. Purpose of the Rule
Currently, of the H-1B and L-1 petitions submitted by covered employers, only those requesting new employment or a change of employer are required to pay the 9-11 Biometric Fee.
Before this rule, covered employers paid the fee only on petitions requesting new employment or a change of employer.
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From the sourceSUMMARY
The 9-11 Biometric Fee continues to apply unchanged to petitions seeking an initial grant of status.
The fee continues to apply unchanged to petitions seeking an initial grant of status.
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From the source8 CFR 106.2(c)(8)
Petitioners filing an amended petition that do not seek an extension of the alien's currently authorized H-1B status are exempt from this fee.
Also: 8 CFR 106.2(c)(9)
Petitioners filing an amended petition that do not seek an extension of the alien's currently authorized L-1 status are exempt from this fee.
The amended regulation states that amended petitions that do not seek an extension of the worker's current status are exempt from the fee.
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From the sourceSupplementary Information, IV. Changes to Regulations
Prior to this rulemaking, DHS counted all full-time and part-time employees who held H-1B or L-1 status in order to determine whether an employer met the definition of ``covered employer'' by reaching the 50 percent threshold.
Also: Supplementary Information, IV. Changes to Regulations
DHS is adding the words ``in the aggregate'' to both provisions in 8 CFR 106.2(c)(8) and (9) to clarify this practice.
The rule adds the words "in the aggregate" to the covered employer test to reflect DHS's existing practice of counting all full-time and part-time employees in H-1B or L-1 status.
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From the sourceSupplementary Information, III.B.3.d. Comments Expressing Opposition Due to the Effect on Attraction of Skilled Labor
This rule will only be applied to the relevant petitions as of the implementation date of the rule. These fees will not retroactively apply to past or to pending petitions.
DHS says the expanded fee will apply only to petitions as of the rule's implementation date and will not apply retroactively to past or pending petitions.
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From the source8 CFR 106.2(c)(8)
This fee will apply to petitions filed on or before September 30, 2027.
Also: Supplementary Information, I.B.2. 9-11 Response and Biometric Entry-Exit Fee
Pursuant to congressional extension, the 9-11 Biometric Fee is currently set to expire on September 30, 2027.
The amended regulation states the fee applies to petitions filed on or before September 30, 2027, which the preamble describes as the fee's current expiration date set by Congress.
Who is affected
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From the source8 CFR 106.2(c)(8)
For all petitioners filing an H-1B petition who employ 50 or more employees in the United States, if more than 50 percent of the petitioner's employees in the aggregate are in H-1B, L-1A, or L-1B nonimmigrant status: $4,000.
Also: 8 CFR 106.2(c)(9)
For all petitioners filing an L-1 petition who employ 50 or more employees in the United States, if more than 50 percent of the petitioner's employees in the aggregate are in H-1B, L-1A, or L-1B nonimmigrant status: $4,500.
The fee applies to petitioners with 50 or more employees in the United States when more than 50 percent of their employees, in the aggregate, hold H-1B, L-1A or L-1B status.
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From the sourceSupplementary Information, III.B.3.a. Comments Expressing Opposition Due to Effect on Employers
A petitioner is not required to pay the 9-11 Biometric Fee if they are not a covered employer.
Employers that are not covered employers do not pay the fee.
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From the sourceSupplementary Information, II.B. Need for Rulemaking
27 percent of all H-1B petitions from covered employers ... were subject to the 9-11 Biometric Fee.
Also: Supplementary Information, II.B. Need for Rulemaking
the percentage of these H-1B petitions that would have been subject to the 9-11 Biometric Fee would have been 75 percent of these H-1B petitions.
DHS estimates that, had the rule been in effect from fiscal year 2018 to 2025, the share of covered employers' H-1B petitions subject to the fee would have risen from 27 percent to 75 percent.
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From the sourceSupplementary Information, V.B. Regulatory Flexibility Act
an approximate maximum of 16 percent of small businesses that file H-1B or L-1 petitions will be affected by this rule.
DHS estimates that at most about 16 percent of small businesses that file H-1B or L-1 petitions will be affected.
What it means in practice
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From the sourceSupplementary Information, V.A. Executive Orders 12866, 13563, and 14192
DHS expects H-1B and L-1 transfer payments from fee payers to the U.S. Government to increase by a total of $37.9 million in fiscal year 2026 and $40.0 million in fiscal year 2027.
DHS expects fee payments from H-1B and L-1 petitioners to rise by a total of $37.9 million in fiscal year 2026 and $40.0 million in fiscal year 2027.
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Our analysisSupplementary Information, IV. Changes to Regulations
This change will allow DHS to charge all covered petitioners the 9-11 Biometric Fee, including those filing extension petitions that do not involve a change of employer
Also: 8 CFR 106.2(c)(8)
This fee will apply to petitions filed on or before September 30, 2027.
Covered employers that file many extension petitions for workers they already employ will see the largest cost increase, at $4,000 or $4,500 per petition, for petitions filed through September 30, 2027.
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From the sourceSupplementary Information, III.B.3.b. Comments Expressing Opposition Due to Effect on Visa Holders
H-1B employers are generally prohibited from reducing an H-1B worker's wages or compensation package to recoup business expenses, such as any required petition-related filing fees.
DHS says H-1B employers are generally prohibited from reducing an H-1B worker's wages or compensation package to recoup petition-related filing fees.
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From the sourceSupplementary Information, V.B.5.
The regulation does not change any required reporting or recordkeeping.
The rule does not change any required reporting or recordkeeping.
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From the sourceSupplementary Information, V.C. Paperwork Reduction Act
this final rule will require non-substantive modifications to USCIS Form I-129, Petition for a Nonimmigrant Worker, covered under OMB Control Number 1615-0009.
The rule requires non-substantive updates to the instructions for U.S. Citizenship and Immigration Services (USCIS) Form I-129, Petition for a Nonimmigrant Worker, about which petitions are subject to the fee.
What to do
AmendSignal analysis sorts these by whether this document changes them.
New or changed
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From the sourceSupplementary Information, IV. Changes to Regulations
DHS is amending the regulations at 8 CFR 106.2(c)(8) and (9) to specify that the 9-11 Biometric Fee will apply to all H-1B and L-1 extension of status petitions filed by a covered employer, in addition to all previously covered H-1B and L-1 petitions.
Also: 8 CFR 106.2(c)(8)
For all petitioners filing an H-1B petition who employ 50 or more employees in the United States, if more than 50 percent of the petitioner's employees in the aggregate are in H-1B, L-1A, or L-1B nonimmigrant status: $4,000.
Covered employers must submit the 9-11 Biometric Fee ($4,000 for H-1B, $4,500 for L-1) with every H-1B or L-1 extension of status petition, including extensions for a worker staying with the same employer.
Already required
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From the sourceSUMMARY
The 9-11 Biometric Fee continues to apply unchanged to petitions seeking an initial grant of status.
Also: Supplementary Information, III.B.3.b. Comments Expressing Opposition Due to Effect on Visa Holders
The 9-11 Biometric Fee was already being charged for extension of status petitions with a new employer.
Covered employers continue to pay the fee on petitions seeking an initial grant of H-1B or L-1 status and on extension petitions filed by a new employer.
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From the sourceSupplementary Information, III.B.3.g. Comments Expressing Opposition With Specific Recommendations
The statutes and existing regulations specify that the fee is required to be paid by the employer.
The fee must be paid by the employer, not the worker, under section 402(g) of Public Law 114-113 and 8 CFR 106.2(c)(8) and (9).
Worth considering
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Our suggestionSupplementary Information, IV. Changes to Regulations
Prior to this rulemaking, DHS counted all full-time and part-time employees who held H-1B or L-1 status in order to determine whether an employer met the definition of ``covered employer'' by reaching the 50 percent threshold.
Consider confirming whether your organization is a covered employer by counting all employees in the United States and all full-time and part-time employees in H-1B, L-1A or L-1B status in the aggregate.
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Our suggestion8 CFR 106.2(c)(9)
For all petitioners filing an L-1 petition who employ 50 or more employees in the United States, if more than 50 percent of the petitioner's employees in the aggregate are in H-1B, L-1A, or L-1B nonimmigrant status: $4,500.
Also: 8 CFR 106.2(c)(8)
This fee will apply to petitions filed on or before September 30, 2027.
If you are a covered employer, consider budgeting $4,000 per H-1B and $4,500 per L-1 same-employer extension petition you expect to file between September 9, 2026 and September 30, 2027.
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Our suggestionSupplementary Information, III.B.3.a. Comments Expressing Opposition Due to Effect on Employers
DHS understands that employers may need to reconfirm whether payment of the 9-11 Biometric Fee is necessary for their petition.
Also: Supplementary Information, III.B.3.a. Comments Expressing Opposition Due to Effect on Employers
fee requirements are readily available on the USCIS website
Consider updating petition checklists and fee calculations with whoever prepares your petitions, and checking the USCIS filing fee pages and the updated Form I-129 instructions before filing.
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Our suggestionSupplementary Information, III.B.3.b. Comments Expressing Opposition Due to Effect on Visa Holders
H-1B employers are generally prohibited from reducing an H-1B worker's wages or compensation package to recoup business expenses, such as any required petition-related filing fees.
Consider reviewing your practices so the fee is paid by the employer and is not recovered through reductions to H-1B workers' wages or compensation.
Open questions
The source leaves these open. We'll update this record if a later document answers them.
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When will the updated Form I-129 instructions reflecting the expanded fee be available?
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Will the 9-11 Biometric Fee continue for petitions filed after September 30, 2027?
History
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9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas Source (opens in a new tab)