The Department of Homeland Security has finalized a rule that expands when employers must pay the 9-11 Response and Biometric Entry-Exit Fee on H-1B and L-1 petitions — adding same-employer extensions to the fee’s scope for the first time. The rule was scheduled for publication in the Federal Register on August 10, 2026, and is set to take effect on September 9, 2026.
This is separate from the $100,000 H-1B petition fee
that has been tied up in litigation. The 9-11 Biometric Fee is a longstanding charge, but until now it generally applied only to initial H-1B or L-1 petitions and to petitions involving a change of employer. The new rule closes that gap.
Who has to pay it
The fee applies to employers that meet both of these conditions:
- Employ at least 50 people in the United States, and
- Have more than 50% of their U.S. workforce, in the aggregate, in H-1B, L-1A, or L-1B status.
In practice, this targets a specific band of employers — typically IT staffing and outsourcing firms with H-1B- and L-1-heavy workforces
— rather than the broader universe of H-1B sponsors.
What’s changing
Covered employers will now owe the fee on all H-1B and L-1 extension-of-status petitions, including extensions where the worker stays with the same employer. Previously, DHS collected the fee mainly on initial petitions and employer-change petitions, not routine same-employer extensions.
The fee amounts themselves are not changing:
- $4,000 per covered H-1B petition
- $4,500 per covered L-1 petition
An amended petition that does not request an extension of status remains exempt. The fee provisions apply to petitions filed through September 30, 2027, unless Congress extends them further.
Why it matters
For a covered employer renewing dozens or hundreds of H-1B or L-1 workers over the next year, this expansion adds a real, recurring cost that wasn’t previously budgeted for routine extensions. Employers in this category should review their U.S. workforce composition now, flag upcoming extension filings that will fall after September 9, 2026, and account for the added fee in immigration budgets before it hits.
Employees themselves generally aren’t the ones paying this fee — it’s an employer-side petition cost — but it can factor into how willing a company is to keep extending H-1B or L-1 status versus exploring other options, including green card sponsorship.
What to do next
If your employer sponsors H-1B or L-1 status and has a workforce that’s majority H-1B/L-1, ask your immigration team or counsel whether the company meets the 50-employee/50%-workforce threshold. If it does, expect the added fee to show up on extension filings submitted on or after the September 9, 2026 effective date.
Source: Federal Register — 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas.
