Final rule · United States · Department of Homeland Security

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.

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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

Who is affected

What it means in practice

What to do

AmendSignal analysis sorts these by whether this document changes them.

New or changed

Already required

Worth considering

Open questions

The source leaves these open. We'll update this record if a later document answers them.

  • When will the updated Form I-129 instructions reflecting the expanded fee be available?

    The rule says the form instructions need non-substantive updates that were submitted for approval, but gives no date for the revised instructions.

  • Will the 9-11 Biometric Fee continue for petitions filed after September 30, 2027?

    The regulation applies the fee only to petitions filed on or before September 30, 2027, and the preamble says that date was set by a congressional extension.

History

  1. Latest · · Issued

    9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas Source (opens in a new tab)

Sources