The Department of Homeland Security (DHS) announced that the 9-11 Response and Biometric Entry-Exit Fee is required on the H-1B and L-1 extension (both initial and with change of employer). This new rule expands the requirements for the Biometric Entry-Exit Fee when filing H-1B or L-1 petitions to more individuals. It goes into effect on September 9, 2026.
Who Is Required to Pay The Fee?
Employers that have a total of fifty or more employees and at least half of the employer’s workforce consists of employees in H-1B or L-1 status must pay the fee. The fee’s exempt to employers with less than fifty employees and employers with less than half of their workforce in H-1B or L-1 status.
The fees are $4,000 per H-1B petition and $4,500 per L-1 petition. These fees remain the same. Previously, employers would not have to pay this fee when filing an extension when the employee was not changing employers. Now, that extension will trigger the biometric fee in addition to the regular filing fees (and any associated premium processing fees).
If you’re filing an amended petition that doesn’t request a new extension of status are exempt from the fee too. Therefore, not all filings associated with an extension will require the new fee.
Reasons for The Fee
Congress created this fee back in 2015 to help fund Customs and Border Protection (CBP’s) biometric entry-exit system, which covers things like facial recognition matching for travelers and overstay tracking at the border. It’s worth noting this fee isn’t related to the $100,000 H-1B fee proposal that courts blocked. That’s an entirely different fee with a different legal basis and history.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.