Important Updates
Important Updates
November 21, 2025 | IndiaIndia: Electronic Travel Visa Categories Expanded to Transit, Mountaineering, Film and Entry
November 24, 2025 | United KingdomBloomberg: UK to Create New Fast-Track Residency Path for High-Earners
November 24, 2025 | United KingdomTimes Higher Education: Hertfordshire Latest to Be Placed on Student Visa ‘Action Plan’
November 24, 2025 | United StatesUnited States: DHS Announces Termination of Temporary Protected Status for Burma (Myanmar)
November 21, 2025 | Costa RicaCosta Rica: Resolution Published Adjusting Certain Visa and Entry Rules
November 21, 2025 | IndiaIndia: Electronic Travel Visa Categories Expanded to Transit, Mountaineering, Film and Entry
November 24, 2025 | United KingdomBloomberg: UK to Create New Fast-Track Residency Path for High-Earners
November 24, 2025 | United KingdomTimes Higher Education: Hertfordshire Latest to Be Placed on Student Visa ‘Action Plan’
November 24, 2025 | United StatesUnited States: DHS Announces Termination of Temporary Protected Status for Burma (Myanmar)
November 21, 2025 | Costa RicaCosta Rica: Resolution Published Adjusting Certain Visa and Entry Rules
November 21, 2025 | IndiaIndia: Electronic Travel Visa Categories Expanded to Transit, Mountaineering, Film and Entry
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

United States: DHS Proposes Expansion of 9-11 Response Fee

June 5, 2024

insight-news-default

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • A proposed rule seeks to expand the $4,000 or $4,500 9-11 Response fee to include H-1B and L-1 extension petitions filed by employers subject to the law, instead of only requiring the fee for their initial and change of employer petitions.
  • The 9-11 Response fee applies only to petitioners filing an H-1B or L-1 petition who employ 50 or more employees in the United States, if more than 50 percent of the employees are in H-1B or L-1 status.
  • The proposed rule will be published on June 6, 2024, and CBP will accept public comments for 30 days.

The issue

The Department of Homeland Security will soon publish a long-planned proposal to expand the U.S. Customs and Border Protection (CBP) 9-11 Response and Biometric Entry-Exit fee (9-11 Response fee) to apply not only to initial and change of employer H-1B and L-1 petitions filed by covered employers but also to all H-1B and L-1 extension of stay petitions filed by these employers. The regulation will be published in the Federal Register on June 6, 2024, and CBP will accept public comments for 30 days thereafter. An advance copy of the rule is available.

A closer look

The 9-11 Response fee applies only to employers that employ more than 50 employees in the United States in H-1B or L-1 status if more than 50 percent of the U.S. employees 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) 9-11 Response fees only when a separate Fraud Prevention and Detection fee (Fraud fee) is also required. This includes only the following circumstances: 1) an initial grant of H-1B or L-1 status to a foreign national; or 2) a change of employer in the same status for an H-1B or L-1 foreign national (including where an extension of stay is requested).

In its proposed rule, CBP newly interprets the 9-11 Response fee to apply to an expanded set of circumstances, irrespective of whether the Fraud fee applies to a filing. The proposed rule would continue 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, but would also apply the fee to all H-1B and L-1 extension of stay petitions filed by covered employers. Only petitioners filing an amended petition without an extension of stay request would be exempt from the fee. According to CBP, ambiguous language in the statute governing the 9-11 Response fee permits this change in agency interpretation.

The proposed regulation will not take effect until it has been finalized and approved by the federal Office of Management and Budget.

Background

The 9-11 Response fee was created by statute (Pub.L.114-113) 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 in the interest of national security. The fee is scheduled to sunset on September 30, 2027, unless extended. CBP’s proposed rule expanding the 9-11 Response fee maintains the September 30, 2027 expiration date, so if finalized, the expanded fee would apply to petitions filed on or before that date.

What this means for employers and foreign nationals

The rule is a proposal only and will not take effect until it clears the federal review process, which typically takes several months. After the 30-day public comment period, CBP will consider public comments and finalize the rule’s provisions. The fee expansion proposal comes soon after a separate DHS rule took effect on April 1. That rule significantly increased filing fees for USCIS petitions and applications, and particularly steeply for employment-based petitions.

If your organization wishes to comment on the government’s 9-11 Response fee expansion proposal, please contact your designated Fragomen professional or the firm’s Government Relations and Compliance group. This alert is for informational purposes only.

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Bloomberg: UK to Create New Fast-Track Residency Path for High-Earners

Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.

Learn more

Blog post

Georgia Immigration Reform 2025: New Residence Permit Scrutiny for Foreign Nationals

Senior Manager Zaur Gasimov outlines Georgia’s stricter residence-permit requirements and enhanced monitoring measures introduced under the country’s 2025 immigration reforms.

Learn more

Media mentions

Times Higher Education: Hertfordshire Latest to Be Placed on Student Visa ‘Action Plan’

Senior Manager Jonathan Hill explains why more UK universities are on UKVI student visa action plans and how extended timeframes help them address compliance issues.

Learn more

Media mentions

Gazeta Prawna: Cyfrowy odwrót. Wojewodowie chcą odzyskać kontrolę nad kolejkami

Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.

Learn more

Blog post

Swiss Immigration Quotas for 2026: What Employers and Workers Need to Know

Senior Manager Ana Bessa Santos outlines Switzerland’s 2026 immigration quotas and what employers should expect across non-EU/EFTA, EU/EFTA and UK permit categories.

Learn more

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Blog post

USCIS Lowers EB-5 Filing Fees After Court Ruling

Partner Rahul Soni outlines USCIS’ decision to reduce EB-5 filing fees following a federal court ruling that invalidates the agency’s 2024 fee increases.

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Media mentions

Bloomberg: UK to Create New Fast-Track Residency Path for High-Earners

Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.

Learn more

Blog post

Georgia Immigration Reform 2025: New Residence Permit Scrutiny for Foreign Nationals

Senior Manager Zaur Gasimov outlines Georgia’s stricter residence-permit requirements and enhanced monitoring measures introduced under the country’s 2025 immigration reforms.

Learn more

Media mentions

Times Higher Education: Hertfordshire Latest to Be Placed on Student Visa ‘Action Plan’

Senior Manager Jonathan Hill explains why more UK universities are on UKVI student visa action plans and how extended timeframes help them address compliance issues.

Learn more

Media mentions

Gazeta Prawna: Cyfrowy odwrót. Wojewodowie chcą odzyskać kontrolę nad kolejkami

Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.

Learn more

Blog post

Swiss Immigration Quotas for 2026: What Employers and Workers Need to Know

Senior Manager Ana Bessa Santos outlines Switzerland’s 2026 immigration quotas and what employers should expect across non-EU/EFTA, EU/EFTA and UK permit categories.

Learn more

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Blog post

USCIS Lowers EB-5 Filing Fees After Court Ruling

Partner Rahul Soni outlines USCIS’ decision to reduce EB-5 filing fees following a federal court ruling that invalidates the agency’s 2024 fee increases.

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.