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New biometric fee expands
The U.S. Department of Homeland Security expanded the 9-11 Response and Biometric Entry-Exit Fee so that covered employers must pay for H-1B and L-1 visa extension petitions, not only initial petitions or change-of-employer cases.
“The final rule will take effect on September 9, 2026.”
Under the rule taking effect September 9, 2026, covered employers will have to pay a $4,000 fee for H-1B petitions and $4,500 for L-1 petitions when seeking an extension of status.
The fee applies to employers with at least 50 employees in the United States where more than 50% of their U.S. workforce is in H-1B, L-1A or L-1B status, and the fee is paid by the employer rather than the visa holder.
DHS said the change corrects an earlier interpretation that allowed some covered employers to avoid the biometric fee when an H-1B or L-1 employee continued working for the same company, and it said the requirement will apply prospectively.
The Economic Times reported DHS estimates the expanded collections will generate about $157.3 million annually, with the money supporting the biometric entry-exit system used by U.S. Customs and Border Protection.
Who pays and exemptions
DHS said the expanded fee requirement applies to extension-of-status petitions even when the worker remains with the same employer, and it is tied to the 9-11 Response and Biometric Entry-Exit Fee.
The Economic Times said the rule does not apply to every company sponsoring H-1B or L-1 workers, instead covering employers with at least 50 employees in the US where more than 50% of their US workforce, in aggregate, is in H-1B, L-1A or L-1B status.
The Economic Times also said DHS rejected arguments that the rule targets people from particular countries and said Green Card applications and related backlogs fall outside the scope of this rule.
Hindustan Times described the same DHS position that the regulatory changes require covered employers to pay the 9-11 Biometric Fee for all extension of status petitions, and it quoted DHS saying the fee is required to be paid by the employer.
The Hindustan Times further said amended petitions that do not seek an extension of a worker's currently authorised H-1B or L-1 status will continue to be exempt.
Cost projections and impact
DHS projected additional submissions that would become subject to the $4,000 fee for H-1B petitions, estimating 7,667 additional submissions in fiscal 2026 generating about $30.67 million and 8,147 submissions in fiscal 2027 generating about $32.59 million.
“For H-1B petitions alone, DHS projects 7,667 additional submissions will become subject to the $4,000 fee in fiscal 2026”
The Times of India said DHS estimates the expanded collections could generate about USD 157.3 million annually and also cited separate estimates of USD 37.9 million in fiscal 2026 and USD 40 million in fiscal 2027.
The Times of India reported that about 27 per cent of H-1B filings by covered employers incurred the biometric fee between fiscal years 2018 and 2025, and it said DHS estimated that around 75 per cent of their H-1B petitions would have been subject to the charge under the expanded interpretation.
The Times of India said the higher recurring cost could prompt companies to reassess the economics of retaining foreign workers in the US, particularly those facing multiple visa extensions, while it noted that amended petitions without an extension request remain exempt.
Business Standard said DHS estimates the administrative gap closure and collecting USD 4,000 to USD 4,500 on every extension petition will generate approximately USD 157.3 million annually, with revenues designated to fund the U.S. Customs and Border Protection Air and Sea Biometric Entry-Exit System.