gobordaGlobal mobility intelligence
Work & skilled workersEffectiveMedium impactVerified

9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas Regulation Amendment

🇺🇸 United StatesWork Permits1 recorded versionLast change 10 Aug 2026
ConfidenceVery high · 95%

Current rules

Effective 9 September 2026, DHS amended 8 CFR 106.2 to require the 9-11 Biometric Fee for all H-1B and L-1 extension-of-status petitions filed by covered employers, regardless of whether the petition involves a change of employer. A covered employer is one that: employs 50 or more employees in the United States; and has more than 50% of its employees, in the aggregate, in H-1B, L-1A, or L-1B nonimmigrant status. The applicable fee is: H-1B: $4,000 L-1: $4,500 The rule also clarifies that an amended H-1B or L-1 petition that does not request an extension of the worker's currently authorised status is exempt from the fee. The fee provision applies to petitions filed on or before 30 September 2027, reflecting the current statutory sunset date for the fee.

Overview

The Department of Homeland Security (DHS) has updated regulations concerning the 9-11 Biometric Fee for H-1B and L-1 visas. This amendment clarifies that the fee is now mandatory for all extension of status petitions, even those without an employer change or where the fraud prevention fee is not applicable. This change aims to align with statutory language and support the implementation of a biometric entry-exit system.

Who is affected by the latest change

  • Employers in the United States with 50 or more employees where more than 50% of employees, all together, have H-1B, L-1A, or L-1B status
  • Covered employers filing H-1B extension-of-status requests
  • Covered employers filing L-1 extension-of-status requests
  • H-1B workers whose status is being extended while staying with the same covered employer
  • L-1 workers whose status is being extended while staying with the same covered employer
  • Employers that previously did not pay the 9-11 Biometric Fee for same-employer extensions because the Fraud Prevention and Detection Fee did not apply

What changed in the latest version

Before

The United States Congress created the 9-11 Biometric Fee in 2015. This happened after an earlier extra H-1B/L-1 fee ended. Congress set the fee at $4,000 for H-1B requests and $4,500 for L-1 requests. Under DHS's previous understanding, the fee usually applied when the separate Fraud Prevention and Detection Fee also applied. Because of this, an extension request filed by the same employer for the same worker usually did not need the 9-11 Biometric Fee. This was because the Fraud Fee did not apply to that type of extension.

After

DHS changed rule 8 CFR 106.2. From 9 September 2026, the 9-11 Biometric Fee is needed for all H-1B and L-1 extension-of-status requests. This applies to covered employers. It applies even if the request does not involve a change of employer. A covered employer is one that: employs 50 or more people in the United States; and has more than 50% of its people, all together, in H-1B, L-1A, or L-1B nonimmigrant status. H-1B, L-1A, and L-1B are types of nonimmigrant visas. People with nonimmigrant status are allowed to stay in the United States for a specific purpose and time, such as working. The fee is: H-1B: $4,000 L-1: $4,500 The rule also makes clear that an amended H-1B or L-1 request that does not ask for an extension of the worker's current authorised status does not need the fee. This fee rule applies to requests filed on or before 30 September 2027. This date is when the law says the fee will end.

Before, covered employers usually paid the 9-11 Biometric Fee. This was for H-1B or L-1 requests that involved a worker getting status for the first time or changing employers. The new rule extends the fee to qualifying extension-of-status requests. This applies even when the worker stays with the same employer. This can greatly increase the cost for employers that meet the covered-employer level. These employers must pay to keep their H-1B and L-1 workers. DHS expects this change to increase payments to the United States government by about $37.9 million in the financial year 2026. It expects $40.0 million in the financial year 2027. The extra money will support DHS and CBP biometric entry-exit programmes.

Explained simply

Imagine you have a special pass to stay in the US for work (like an H-1B or L-1 visa). This rule update means that every time you need to extend that pass, your boss (the employer) has to pay a specific fee, called the 9-11 Biometric Fee. This used to be a bit confusing, but now it's clear: you always pay the fee when extending, even if you're staying with the same boss. This helps the government keep track of who's coming and going better.

Frequently asked

Version history

  1. v3Effective 9 Sept 2026EffectiveMedium impact
    9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas Regulation Amendment

    The Department of Homeland Security (DHS) and Customs and Border Protection (CBP) have completed a rule. It adds the 9-11 Response and Biometric Entry-Exit Fee to H-1B and L-1 extension requests filed by certain large employers. The fee is $4,000 for H-1B requests and $4,500 for L-1 requests. This applies to employers with 50 or more employees in the United States. Also, more than 50% of these employees must be in H-1B, L-1A, or L-1B status.

Timeline

  1. Takes effect

    10 Aug 2026

    Covered employers must now submit the 9-11 Biometric Fee for all H-1B and L-1 extension of status petitions. This includes petitions that do not involve a change of employer and regardless of whether the related fraud prevention and detection fee applies. The fee continues to apply to petitions seeking an initial grant of status without change.

Other routes in this country

1 / 6