US announces final rule expanding H-1B, L-1 biometric fee to same-employer extensions

Currently, the 9-11 Biometric Fee must be paid by all eligible employers for H-1B and L-1 petitions, specifically for new employment or changes of employer. Going forward, it will apply on all previously covered H-1B and L-1 petitions. The rule was published in the Federal Register on August 10, 2026, and takes effect September 9, 2026.

Why This Matters

Large employers who rely heavily on H-1B/L-1 workers will now have to pay this fee on almost every extension of status petition, even with the same employer. This is a major shift from before. Previously, the fee applied mainly at the initial hiring stage or when the employee was changing employers.

Earlier, an employer could keep extending the same H-1B/L-1 employee’s status indefinitely without ever paying the 9-11 Biometric Fee, as long as the employee stayed with the same company. Now, there will be a cost attached to each such new petitions.

The H-1B program allows employers to hire nonimmigrant workers in specialty occupations requiring specialized knowledge and at least a bachelor’s degree or equivalent, as well as fashion models of distinguished merit.

It’s important to note that the new rule does not increase the 9-11 Biometric fee. It only expands the types of petitions that must pay it. The fee stays fixed at $4,000 for H-1B petitions and $4,500 for L-1 petitions.

There are two types of L-1 visas: L-1A for managers and executives, and L-1B for employees with specialized knowledge during intracompany transfers.

What The New Rule Changes

The 9-11 Biometric Fee will now apply to all extension of status petitions filed by ‘covered employers,’ regardless of whether a separate fee, called the Fraud Prevention and Detection Fee, also applies.

In the past, DHS only charged this fee when the Fraud Fee also applied, which mostly meant brand-new petitions or extensions tied to a change of employer. Extensions where an employee simply stayed with the same company were exempt from this charge.

That exemption no longer exists. Same-employer extensions will now be charged too.

Which Companies Does This Affect?

The concept of ‘covered employers’ becomes central here. It applies to companies with 50 or more US employees, specifically those where over half of their US workforce holds H-1B or L-1 visas. Smaller or less visa-dependent companies are not classified this way and remain exempt.

One exception remains, though. Amended petitions filed to report a change in job terms, not to extend status, continue to stay exempt from the fee.

The Bottom Line

DHS has amended the regulations to specify that the 9-11 Biometric Fee will apply to all H-1B and L-1 extension of status petitions filed by a covered employer, on top of all previously covered H-1B and L-1 petitions.

As a result, DHS is replacing the phrase “certain petitioners” with “all petitioners” in the rules concerning both H-1B and L-1 petitioners.

Right now, of the H-1B and L-1 petitions submitted by covered employers, only those requesting new employment or a change of employer are required to pay the 9-11 Biometric Fee. Going forward, this change will allow DHS to charge all covered petitioners the fee, including those filing extension petitions that don’t involve a change of employer, rather than limiting it to only those petitioners whose petitions are also subject to the Fraud Fee.

Disclaimer: This article is for general informational purposes only and does not constitute legal, immigration, or tax advice. Immigration laws and government policies are subject to frequent change without notice. Immigration rules and fee structures are subject to change, and readers should consult official DHS/USCIS sources or a qualified immigration attorney before making decisions based on this content. Financial Express is not responsible for any decisions made based on this information.