DHS Expands 9-11 Biometric Fee to More H-1B and L-1 Extension Petitions

• DHS has finalized a rule requiring certain H-1B- and L-1-dependent employers to pay the 9-11 Biometric Fee for all extension petitions, including extensions with the same employer, beginning 30 days after publication in the Federal Register. 

Biometric Fee to More H-1B and L-1 Extension Petitions 

The Department of Homeland Security (DHS) has issued a final rule that expands when the 9-11 Response and Biometric Entry-Exit Fee applies to H-1B and L-1 petitions. Under the new rule, covered employers must pay the fee not only for initial petitions and change-of-employer filings, but also for extension petitions filed on behalf of employees who remain with the same employer. DHS says the change aligns its regulations with congressional intent and will provide additional funding for the agency’s biometric entry-exit program.  

Who Is Affected? 

The rule applies only to covered employers, defined as employers that:

• Have 50 or more employees in the U.S.; and
• Have a workforce in which more than 50% of employees are in H-1B, L-1A, or L-1B status.

Employers that do not meet both thresholds are not subject to the fee.

What Is Changing? 

H-1B Petitions

Covered employers must pay the $4,000 9-11 Biometric Fee for:

• Initial H-1B petitions
• Change-of-employer petitions
• Extension-of-status petitions, including extensions with the same employer

L-1 Petitions

Covered employers must pay the $4,500 9-11 Biometric Fee for:

• Initial L-1 petitions
• Change-of-employer filings where applicable
• Extension-of-status petitions, including extensions with the same employer

Key Exception 

The fee does not apply to amended petitions that do not request an extension of the beneficiary’s current H-1B or L-1 status. DHS added this clarification to the regulations as part of the final rule.  

Why DHS Made the Change 

DHS determined that its previous interpretation of the statute was too narrow. The agency now says Congress intended the fee to apply to all extension-of-status petitions filed by covered employers, regardless of whether a fraud prevention and detection fee is also required.  

According to DHS, the additional fee revenue will help fund the agency’s biometric entry-exit system, including facial recognition technologies used to verify traveler identities, detect overstays and support border security operations.  

Effective Date 

The rule will take effect 30 days after publication in the Federal Register, which is scheduled for August 10, 2026. The fee remains authorized through September 30, 2027, unless Congress extends it.