The Department of Homeland Security (DHS) published a final rule on August 10, 2026 amending the regulations for the 9-11 Response and Biometric Entry-Exit Fee to require that covered employers submit the fee for all H-1B and L-1 extension of status petitions, including those that do not involve a change of employer. Previously, employers paid this fee only for initial grants of status or when an employee moved to a different employer. The rule becomes effective September 9, 2026.
What changed
The final rule expands the $4,000 or $4,500 fee to H-1B and L-1 extension petitions filed by employers subject to the fee. The regulatory changes correct DHS’s interpretation of statutory language to require that covered employers submit the fee for all extension of status petitions, regardless of whether the related fraud prevention and detection fee applies.
The rule applies to employers that have more than 50% of their U.S. workforce in H-1B, L-1A, or L-1B status; employers that do not meet both thresholds are not subject to the fee. DHS clarified that amended petitions that do not request an extension of status are exempt from the expanded fee requirement.
The final rule does not increase the existing fee amounts but simply expands the types of petitions subject to those existing fees. The fee provisions currently apply to petitions filed through September 30, 2027, unless extended by Congress.
Why it matters
This rule materially increases the cost of renewing H-1B and L-1 employees for covered employers—those with a majority nonimmigrant workforce. Previously, an employer could extend an employee’s status at minimal cost if the employee remained with the same employer; now the foreign national will have to pay the 9-11 Biometric Fee for all H-1B and L-1 extension petitions, even when the foreign national remains with the same employer.
For a covered employer filing routine extensions of employees already in the U.S., this means:
- Cash-flow impact: Each extension petition now carries a $4,000 (H-1B) or $4,500 (L-1) additional cost.
- Timing: The rule takes effect September 9, 2026. Petitions filed on or after that date will trigger the fee; those filed before will not.
- Scope: The fee applies to all extension filings by covered employers—including straightforward renewals with no change of circumstances or employer change.
You should verify your client’s or employer’s U.S. workforce composition to determine whether the 50%+ threshold applies. If it does, budget planning must account for the expanded fee obligation on every extension renewal through at least September 30, 2027.
Way forward
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Identify covered status: Review your client-employer’s current U.S. workforce. Count the percentage of employees in H-1B, L-1A, and L-1B nonimmigrant status. If 50% or more of the U.S. workforce is in those categories, the employer is “covered.”
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Audit extension pipeline: Pull all H-1B and L-1 extensions scheduled to be filed on or after September 9, 2026. Calculate the fee obligation and incorporate into 2026–2027 budget cycles.
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Refine filing timing: If an extension can be filed before September 9, 2026 without visa status risk, consider accelerating. Extensions filed before the effective date are not subject to the expanded fee. (But never rush a filing that risks status lapse or admissibility; work with your immigration counsel on the risk-benefit analysis.)
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Consult the Federal Register: The rule was published in the Federal Register on August 10, 2026, and becomes effective 30 days later. Read the full text on federalregister.gov for detailed definitions, covered-employer analysis, and exemptions.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Fola Editorial is not a law firm and does not represent clients. Immigration law is complex and rules can change without notice. Practitioners and applicants must verify all information against the source documents linked above and consult a licensed immigration attorney regarding specific cases. The Federal Register, agency guidance, and primary sources remain the authoritative reference for regulatory requirements, effective dates, and applicability.