A DHS final rule published in the Federal Register on August 10, 2026 substantially widens the reach of the 9-11 Response and Biometric Entry-Exit Fee, extending it to H-1B and L-1 extension petitions for the first time. The rule takes effect September 9, 2026, thirty days after publication, under document number 2026-16231.
The fee itself is not new, and neither are the amounts: $4,000 for a covered H-1B petition and $4,500 for a covered L-1 petition. What changes is when it applies. Until now, the surcharge was triggered only on initial petitions and change-of-employer petitions. Under the new rule, employers subject to the fee will owe it again each time they file an extension — converting what was effectively a one-time cost of hiring into a recurring cost of retaining the same worker.
Not every employer pays. The surcharge applies only to companies with at least 50 employees in the United States where more than 50 percent of the U.S. workforce holds H-1B or L-1 status. That threshold has historically captured large IT services and consulting firms with heavily visa-dependent staffing models, rather than typical small employers or universities. There is also a meaningful carve-out in the new rule: amended petitions that do not request an extension of stay remain exempt, so an employer filing to report a material change in job duties or worksite does not automatically incur the charge.
The practical effect lands on workers as much as on companies. H-1B status is granted in increments and most employees on a green card track will file multiple extensions before their priority date becomes current — particularly Indian nationals facing multi-year waits in EB-2 and EB-3. For a covered employer, each of those extensions now carries a four-figure surcharge on top of standard filing fees and any premium processing costs. Employers weighing whether to sponsor or renew may factor that recurring expense into staffing decisions.
One limit worth noting: the fee is scheduled to sunset on September 30, 2027, unless Congress extends it. That gives the expansion a defined window, though prior surcharges in this family have been renewed more than once.
Employers subject to the threshold should budget for the change now and, where an extension is already ripe, consider whether filing before September 9 is feasible. Workers should not expect to be billed directly — the fee is the employer’s statutory obligation — but should be aware that it may shape how and when a sponsor chooses to file.
Need help with your immigration petition? Visit QuickFiling.us for AI-guided NIW and EB-1A petition preparation.
Source: Federal Register / DHS