Overview
- DHS issued the final rule on Monday, August 10, 2026, and it takes effect on September 9, 2026, extending the 9/11 Response and Biometric Entry‑Exit Fee to cover extension‑of‑status H‑1B and L‑1 petitions.
- The rule requires covered employers to pay $4,000 for each qualifying H‑1B extension and $4,500 for each qualifying L‑1 extension with the statutory obligation placed on employers rather than employees.
- The fee applies only to employers with at least 50 U.S. employees when more than half of their U.S. workforce collectively holds H‑1B or L‑1 status.
- Industry commenters warned higher recurring costs could lead some visa‑dependent firms to rethink retention or sponsorship of foreign professionals and could indirectly affect workers, including many Indian tech employees, who face long green‑card waits; DHS countered the rule targets a narrow class of employers and said the charge is small relative to hiring costs.
- DHS said collections have fallen sharply since 2016 and estimates the wider application will add about $37.9 million in fiscal 2026 and $40 million in fiscal 2027 while exempting amended petitions that do not extend authorized status and keeping half of receipts, up to a cap, in a dedicated biometric account.