United States: DHS Expands 9-11 Response Fee to H-1B and L-1 Extensions
August 7, 2026
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At a glance
- A final rule will expand the $4,000 or $4,500 fee to H-1B and L-1 extension petitions filed by employers subject to the fee; previously the fee was required only in initial and change-of-employer petitions.
- The 9-11 Response fee applies only to petitioners who employ 50 or more employees in the United States if more than 50 percent are in H-1B or L-1 status.
- The regulation will be published on August 10 and will take effect 30 days later.
The issue
The Department of Homeland Security will soon publish a long-planned regulation to expand the U.S. Customs and Border Protection (CBP) 9-11 Response and Biometric Entry-Exit Fee (9-11 response fee) to all H-1B and L-1 extension petitions filed by employers subject to the fee. The regulation will be published in the Federal Register on August 10 and will take effect 30 days thereafter.
A closer look
The 9-11 response fee applies only to employers with 50 or more employees in the United States if more than 50 percent are in H-1B or L-1 nonimmigrant status. Currently, H-1B and L-1 petitions filed by these employers are required to include the additional $4,000 (H-1B) or $4,500 (L-1) fee only when a separate fraud prevention and detection fee (fraud fee) is also required. This includes initial grants of H-1B or L-1 status and changes of employer in the same status for an H-1B or L-1 foreign national (including where an extension of stay is requested).
The new regulation interprets the fee to apply to an expanded set of circumstances, irrespective of whether the fraud fee is required in the filing. The rule continues to require the 9-11 fee for petitions seeking initial grant of H-1B or L-1 status and for change-of-employer petitions in those two visa categories and will also apply the fee to all H-1B and L-1 extension of stay petitions filed by subject employers. Amended petitions without an extension request will be exempt from the fee.
The 9-11 response fee was created by statute in December 2015, a successor to an earlier, similar supplemental statutory fee established in 2010. Congressional intent behind the 9-11 Response fee was to fund the biometric entry and exit programs that had been earlier mandated for national security reasons. According to DHS, ambiguous language in the statute permits the new agency interpretation. The fee is scheduled to sunset on September 30, 2027, unless extended by Congress.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
