A new Department of Homeland Security (DHS) final rule will expand when certain employers must pay the 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 petitions. The rule, published in the Federal Register on August 10, 2026, is effective September 9, 2026. The information below is based on the DHS final rule and materials provided through the American Immigration Lawyers Association (AILA).
For employers that regularly sponsor H-1B or L-1 professionals, this is an important change to understand before preparing an extension or new petition. The key issue is that the fee will now apply to certain extension of status petitions even when the employee is staying with the same employer. The rule does not change the basic eligibility requirements for H-1B or L-1 status. Instead, it changes when a specific additional fee must be included with qualifying petitions.
The 9-11 Response and Biometric Entry-Exit Fee was established by Congress to help fund biometric entry and exit programs. Under the new DHS rule, the fee will apply more broadly to H-1B and L-1 petitions filed by certain employers. DHS explains that the change is intended to align its regulations with the statutory language governing the fee and support the biometric entry-exit system.
The fee is currently:
These amounts are established by statute rather than being newly set by this rule.
This is one of the most important parts of the new rule. The 9-11 Biometric Fee applies to employers that:
These are considered covered employers for purposes of the fee. Employers that do not meet these requirements are not subject to the 9-11 Biometric Fee under this rule. This means that simply having H-1B or L-1 employees does not automatically mean an employer must pay the additional fee, the employer’s size and the percentage of its workforce in H-1B and L-1 status matter.
This is where the rule makes its most important change. Previously, among covered employers, the 9-11 Biometric Fee generally applied to H-1B and L-1 petitions involving new employment or a change of employer. Beginning September 9, 2026, the fee will also apply to qualifying extension of status petitions filed by covered employers, even when the employee continues working for the same employer.
In other words, an H-1B or L-1 worker who is simply extending their status with their current employer may now be associated with this additional $4,000 or $4,500 fee if the employer meets the definition of a covered employer, this is an important distinction for employers planning upcoming immigration filings.
There is also an important exception for certain amended petitions. Under the final rule, a covered employer filing an amended H-1B or L-1 petition that does not request an extension of the worker’s current status is exempt from the 9-11 Biometric Fee. Because the distinction between an amendment and an extension can affect the filing requirements, employers should review the specific purpose of the petition before determining which fees apply.
For H-1B professionals, the rule may be especially relevant when an employer is preparing an extension of status. The employee may remain in the same position and continue working for the same company, but if the employer qualifies as a covered employer, the additional $4,000 fee may now be required with the qualifying extension petition.
The rule does not change the H-1B worker’s underlying eligibility or create a new H-1B eligibility standard. It changes the fee requirements associated with certain petitions. H-1B cases already involve multiple filing requirements, including the Labor Condition Application, Form I-129, supporting documentation, and applicable government fees. Adding another fee requirement makes accurate case preparation even more important.
The same general change applies to L-1 petitions. The $4,500 9-11 Biometric Fee may apply to qualifying L-1 extension petitions filed by covered employers, including extensions where the employee remains with the same employer.
This is relevant to both:
For employers and foreign professionals, immigration cases often involve much more than determining whether someone qualifies for a particular visa category. Timing, filing classification, employer structure, documentation, and government fees can all affect how a petition should be prepared. That is why a careful review before filing can be valuable, particularly when a company has multiple H-1B or L-1 employees or when an extension is approaching.
At Zhang-Louie PLLC, our immigration team work closely with professionals, employers, executives, and multinational businesses on employment-based immigration matters. Our approach is to look at the specific facts of each case rather than treating every H-1B or L-1 filing as the same. As immigration rules and filing requirements continue to change, staying ahead of those details can help employers and foreign professionals plan more effectively and avoid preventable filing problems.
If your company has an H-1B or L-1 extension coming up, the September 9, 2026 effective date is an important deadline to keep in mind.
This article provides general information and does not constitute legal advice. Immigration rules and government filing requirements can change, and the requirements that apply to a particular petition depend on the facts of the case.
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