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DHS expands the 9-11 biometric fee to covered H-1B and L-1 extension petitions

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States
Operative dateSeptember 9, 2026
CategoryFees
Policy toolFees
Affected groupAll petitioners filing an h-1b or l-1 petition who employ 50 or more employees in the united states, if more than 50 percent of the petitioner's employees in the aggregate are in h-1b, l-1a, or l-1b nonimmigrant status

Policy effect

DHS requires employers with at least 50 U.S. employees, more than half of whom hold H-1B, L-1A, or L-1B status in the aggregate, to pay the 9-11 biometric fee on H-1B and L-1 extension-of-status petitions regardless of whether the fraud fee applies. The fee is $4,000 for H-1B petitions and $4,500 for L-1 petitions. Amended petitions that do not request an extension of the beneficiary's current status are exempt, and the fee applies to petitions filed on or before September 30, 2027.

Conditions and exceptions

Validated condition or limit: DHS requires employers with at least 50 U.S.; employees, more than half of whom hold H-1B, L-1A, or L-1B status in the aggregate, to pay the 9-11 biometric fee on H-1B and L-1 extension-of-status petitions regardless of whether the fraud fee applies.; The fee is $4,000 for H-1B petitions and $4,500 for L-1 petitions.; Amended petitions that do not request an extension of the beneficiary's current status are exempt, and the fee applies to petitions filed on or before September 30, 2027.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

The regulatory changes correct DHS's interpretation of statutory language to require that covered employers submit the 9-11 Biometric Fee for all extension of status petitions, regardless of whether the related fraud prevention and detection fee applies, which includes extension of status petitions that do not involve a change of employer. … DATES: This rule is effective on September 9, 2026. … For all petitioners filing an H-1B petition who employ 50 or more employees in the United States, if more than 50 percent of the petitioner's employees in the aggregate are in H-1B, L-1A, or L-1B nonimmigrant status … (8) 9-11 Response and Biometric Entry-Exit Fee for H-1B Visa. For all petitioners filing an H-1B petition who employ 50 or more employees in the United States, if more than 50 percent of the petitioner's employees in the aggregate are in H-1B, L-1A, or L-1B nonimmigrant status: $4,000. Petitioners filing an amended petition that do not seek an extension of the alien's currently authorized H-1B status are exempt from this fee. This fee will apply to petitions filed on or before September 30, 2027. … (9) 9-11 Response and Biometric Entry-Exit Fee for L-1 Visa. For all petitioners filing an L-1 petition who employ 50 or more employees in the United States, if more than 50 percent of the petitioner's employees in the aggregate are in H-1B, L-1A, or L-1B nonimmigrant status: $4,500. Petitioners filing an amended petition that do not seek an extension of the alien's currently authorized L-1 status are exempt from this fee. This fee will apply to petitions filed on or before September 30, 2027.
Federal Register91 FR 51360; 8 CFR 106.2(c)(8)-(9); effective September 9, 2026.Open official source
Retrieved from https://www.federalregister.gov/documents/full_text/text/2026/08/10/2026-16231.txt

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