United States | DHS final rule expands 9-11 biometric fee for covered employers to H-1B and L-1 extensions

On Aug. 10, 2026, the Department of Homeland Security published a final rule in the Federal Register that expands the applicability of the 9-11 Response and Biometric Entry-Exit Fee for covered H-1B and L-1 petitioners, effective Sept. 9, 2026.

Key takeaways:

“Covered employers” with 50 or more U.S. employees and more than 50% of workforce in H or L status required to pay fee for extensions. Under the rule, employers meeting the statutory definition of a “covered employer” will be required to pay the fee for all H-1B and L-1 “extension-of-stay” petitions, including those that do not involve a change of employer. Currently, the fee generally applies only to initial H-1B and L-1 filings and change-of-employer petitions filed by covered employers.

Fee amount remains the same. Under the rule, the fee amounts will remain $4,000 for H-1B petitions and $4,500 for L-1 petitions. The 9-11 biometric fee continues to apply unchanged to petitions seeking an initial grant of status. The rule does not require the fee for amended petitions that do not include an extension-of-stay request.

The rule is effective Sept. 9, 2026.

Additional information: The proposed rule to amend and clarify regulations on the 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 visas was initially published in the Federal Register in June 2024.

BAL will continue to monitor developments and provide updates as additional information becomes available.

This alert has been provided by the BAL U.S. Practice Group.

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