The bottom line. DHS will now require covered employers to pay the 9-11 Biometric Fee ($4,000 for H-1B, $4,500 for L-1) on all extension of status petitions, including those without a change of employer. The rule takes effect September 9, 2026.
The Department of Homeland Security (DHS) published a final rule on August 10, 2026, amending regulations at 8 CFR 106.2(c)(8) and (9) to expand the application of the 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 petitions. The rule, published in the Federal Register, corrects DHS's prior interpretation of statutory language in Public Law 114-113.
Under the previous interpretation, the fee applied only when the fraud prevention and detection fee applied—namely, initial grants of status and change-of-employer petitions. The new rule extends the fee to all extension of status petitions filed by covered employers, regardless of whether the related fraud fee applies.
What the Rule Changes
The final rule replaces the phrase "certain petitioners" with "all petitioners" in the fee provisions. Covered employers—those with 50 or more employees in the United States where more than 50 percent of employees in the aggregate are in H-1B, L-1A, or L-1B status—must now submit the fee for all extension petitions, not just those involving a change of employer.
DHS also clarified that petitioners filing an amended petition that does not seek an extension of the alien's currently authorized status are exempt from the fee. The fee amounts remain unchanged: $4,000 for H-1B petitions and $4,500 for L-1 petitions.
Statutory Basis and Agency Rationale
DHS stated that the best reading of Public Law 114-113 requires the fee for all extension petitions. The agency noted that Congress added the phrase "including an application for an extension of such status" when establishing the fee in 2015, which DHS now interprets as a substantive amendment.
DHS said the change aligns regulations with congressional intent and helps the agency comply with its mandate to implement a biometric entry-exit system. The fee funds the 9-11 Biometric Account, which supports CBP's Traveler Verification ServICE and related biometric operations.
Projected Collections and Impact
DHS estimates the rule will result in additional transfer payments of $37.9 million in fiscal year 2026 and $40.0 million in fiscal year 2027. The agency reported that actual collections have fallen short of Congressional Budget Office projections, with FY 2025 collections at $25.6 million.
DHS data indicates that from FY 2018 to FY 2025, only 27 percent of H-1B petitions from covered employers were subject to the fee. Under the new interpretation, approximately 75 percent of such petitions would be subject to the fee.
Comments and Opposition
DHS received 146 comments on the proposed rule. While some commenters supported the change, the majority expressed opposition, citing concerns that the fee would discourage hiring of H-1B and L-1 nonimmigrants, negatively affect small businesses, and reduce U.S. competitiveness for skilled talent. DHS responded that the fee applies only to covered employers and that demand for H-1B visas continues to exceed annual caps.
What This Means Right Now
Covered employers filing H-1B or L-1 extension petitions on behalf of current employees must budget for the additional $4,000 or $4,500 fee starting September 9, 2026.
Petitioners that are not covered employers—fewer than 50 U.S. employees or less than 50 percent in H-1B/L-1 status—remain exempt from the fee.
Amended petitions that do not request an extension of status are not subject to the fee.
The fee applies to petitions filed on or before September 30, 2027, the current statutory sunset date.