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

In a significant update to immigration filing costs, the Department of Homeland Security (DHS) has issued a final rule expanding the application of the 9-11 Response and Biometric Entry-Exit Fee. Effective September 9, 2026, this rule mandates that covered employers must pay the substantial biometric fee—$4,000 for H-1B petitions and $4,500 for L-1 petitions—for all extension of status requests, regardless of whether a change of employer is involved. Previously, this fee was only required for initial grants of status or change of employer petitions where the fraud prevention and detection fee applied. The new regulation corrects DHS's prior interpretation of the statutory language, ensuring that the fee covers all extension petitions to help fund the congressionally mandated biometric entry-exit system. This change will significantly increase the financial burden on large employers who sponsor a high volume of foreign national workers. Employers must update their budgeting and compliance processes immediately to accommodate these increased fees for upcoming H-1B and L-1 extension filings, ensuring that all petitions submitted on or after the effective date include the correct fee amounts to avoid rejections.