The statutory language in regulations for employers to pay the 9-11 Response and Biometric Entry/Exit Fees for certain visas will revised by the Department of Homeland Security. The rules will be expanded in relation to the fees for all extensions of status petitions, which previously only included initial H-1B or L-1 petitions and change-of-employer petitions. In a document seen by IdentityWeek.net, it reveals the extension to petitions which involve no change of employer.
In June 2024, the DHS issued a notice proposal for rulemaking in the Federal Register to amend the Regulations around the 9-11 Biometric Fee for “certain H-1B and L-1 petitions”, sparking feedback and suggestions for changes. These requests are for temporary non-immigrant worker visa applications. Previously, the Congress has also established a fee for employers seeking classifications for beneficiaries.
The DHS has issued a final rule that expands the conditions and circumstances in which employers must pay the Biometric Entry/Exit Fee.
The rule is scheduled to be published in the Federal Register today, on August 10, 2026, and activate 30 days later.
This rule is effective on September 9, 2026.
There won’t be an increase in the fee amounts for qualifying petitions and the fees only apply to companies with 50 or more employees in the United States or have 50% of their U.S. staff in this status.
The agency supports the revision of the petition costs to support DHS’s biometric Entry/Exit system, immigration and border security initiatives and identity verification investments.
9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas
