US Issues Final Rule on 9-11 Biometric Fee for H-1B and L-1 Visa Petitions
- The US Department of Homeland Security issued a final rule on August 10, 2026, amending regulations on the 9-11 Biometric Entry-Exit Fee
- The rule targets covered employers — those with 50 or more US staff where over half hold H-1B or L-1 nonimmigrant status
- Form I-129 petitions postmarked or submitted electronically on or after September 9, 2026, must comply with the new fee requirements
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The US Department of Homeland Security (DHS) issued a final rule on August 10, 2026, changing how the 9-11 Response and Biometric Entry-Exit Fee applies to H-1B and L-1 visa petitions.
Under the updated rules, petitioners classified as covered employers must now pay the 9-11 Biometric Fee when filing all H-1B and L-1 petitions.
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A covered employer is defined as a company with 50 or more employees in the United States, where more than half of those workers hold H-1B, L-1A, or L-1B nonimmigrant status.
When the fee does not apply
One exception exists under the final rule. If a petitioner files an amended petition that does not seek to extend the foreign worker's currently authorised H-1B or L-1 status, the fee is not required. All other petitions from covered employers will be subject to the charge.
The rule takes effect on September 9, 2026. Any Form I-129 petition postmarked or submitted electronically on or after that date must include the fees as set out under the final rule. DHS directed petitioners to consult the G-1055 Fee Schedule for a full breakdown of applicable charges.
What this means for H-1B and L-1 petitioners
The change directly affects companies that rely heavily on H-1B and L-1 visa workers, particularly large technology and outsourcing firms that frequently meet the 50-employee and 50-percent thresholds set by DHS.
For affected employers, ensuring that the correct fee is included with each qualifying Form I-129 petition will be critical from September 9 onwards. Petitions that do not include the required fee risk being rejected or delayed during processing.
Employers who are uncertain about whether they qualify as covered employers are advised to review the full final rule and the G-1055 Fee Schedule before submitting any H-1B or L-1 petitions on or after the effective date.
US proposes higher wage changes for H-1B foreign workers
Legit.ng earlier reported that the US Department of Labour proposed a rule on March 26, 2026, that would raise the wage floor for foreign workers hired through the H-1B, H-1B1, E-3, and permanent labour certification (PERM) visa programmes.
Source: Legit.ng
