Overview
- The Department of Homeland Security published a final rule on August 10 that requires covered employers to pay the 9/11 Response and Biometric Entry‑Exit Fee each time they file an extension of a covered employee’s H‑1B or L‑1 status.
- The rule applies only to employers with at least 50 U.S. employees when more than 50% of that U.S. workforce collectively holds H‑1B, L‑1A or L‑1B status and makes the employer, not the worker, legally responsible for the $4,000 H‑1B and $4,500 L‑1 charge.
- Amended petitions that do not seek to extend a worker’s authorized status remain exempt, and DHS said the change corrects a prior statutory interpretation tying the fee to cases that also triggered the fraud‑prevention fee.
- Published revenue estimates differ across DHS documents and coverage, with figures reported as roughly $37.9 million in FY2026 and $40 million in FY2027 in some sources and about $157.3 million annually in others, creating uncertainty about fiscal impact.
- Large, visa‑dependent employers such as Indian IT services and consulting firms face turning an intermittent charge into a recurring cost, which could raise sponsorship bills by millions and prompt firms to reassess hiring, retention, or onshore staffing strategies.