This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh is an active member.
On August 10, 2026, the Department of Homeland Security (DHS) published a final rule (PDF) amending its regulations on the 9-11 Response and Biometric Entry-Exit Fee for certain H-1B and L-1 nonimmigrant visas. The final rule changes DHS’s interpretation of statutory language to require that covered employers submit the 9-11 Biometric Fee ($4,000 for H-1B petitions and $4,500 for L-1 petitions) for all H-1B and L-1 extension-of-status petitions regardless of whether the related fraud prevention and detection fee applies. The changes also “help DHS comply with its congressional mandate to implement a biometric entry-exit system,” the agency said.
DHS said the fee requirement includes extension-of-status petitions that do not involve a change of employer. The 9-11 Biometric Fee also continues to apply unchanged to petitions seeking an initial grant of status. The fee therefore applies “to all H-1B or L-1 petitions filed by covered employers seeking initial classification of a beneficiary as an H-1B or L-1 nonimmigrant or an extension of status for those already in such status, irrespective of whether the extension of status request is for a change of covered employers or for the purpose of remaining employed with the original covered employer.”
