The Department of Homeland Security (DHS) published a final rule in the Federal Register on August 10, 2026 that extends the 9-11 Response and Biometric Entry-Exit Fee (the "9-11 biometric fee" below) to extension petitions, whether or not the fraud prevention fee applies. The rule takes effect September 9, 2026.
What changed
This isn't a new fee. What changed is when you have to pay it.
Until now, DHS's reading was that the 9-11 biometric fee was due only when the Fraud Prevention and Detection Fee was also due. Extensions with a change of employer usually owe the fraud prevention fee, so they owed this fee too. An ordinary extension with the same employer doesn't owe the fraud prevention fee, so it didn't owe this one either.
DHS now says that reading was wrong and is correcting it: every extension petition owes the fee, whether or not the fraud prevention fee applies, including extensions without a change of employer.
Nothing changes for initial petitions, which already owed the fee.
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Who pays, and how much
By law, this fee applies only to "covered employers": employers with 50 or more employees in the US, more than 50% of whom are in H-1B or L-1 status. Employers that don't meet both conditions don't pay it.
There are two amounts:
- H-1B petitions: $4,000
- L-1 petitions: $4,500
The fee is paid by the employer, not by the applicant.
What it means for you
If you work for this kind of employer and are getting ready to extend, your own wallet isn't affected. What goes up is the employer's cost. Whether that affects a company's willingness to extend your status depends on the company. We don't have data to support any conclusion, so we won't speculate.
If your employer has fewer than 50 employees, or H-1B and L-1 workers make up no more than half of its workforce, this rule doesn't apply to you.
Timing
This is already a final rule, not a proposal open for comment, and it takes effect September 9. DHS also said the change is meant to support the congressional mandate requiring it to build a biometric entry-exit system.