DHS Nears Final Rule Extending 9-11 Fee to H-1B and L-1 Renewals

What Happened

The Department of Homeland Security is moving to finalize a proposed rule that would expand the [9-11 Response and Biometric Entry-Exit Fee](https://www.federalregister.gov/documents/2024/06/06/2024-12396/9-11-response-and-biometric-entry-exit-fee-for-h-1b-and-l-1-visas) to all H-1B and L-1 extension-of-stay petitions filed by qualifying employers. The rule appeared as a pending final-rule item in the [2026 Unified Regulatory Agenda](https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202410&RIN=1651-AB48), signaling that publication of the final rule is imminent.

Currently, the fee applies only when a covered employer files an initial H-1B or L-1 petition or when a foreign worker changes employers. Under the proposed change, the same employers would also owe the fee every time they file to extend an existing worker's stay — even if nothing else about the position has changed.

The Notice of Proposed Rulemaking (NPRM) was published in the Federal Register on June 6, 2024 ([89 FR 48339](https://www.govinfo.gov/content/pkg/FR-2024-06-06/pdf/2024-12396.pdf), Docket No. USCBP-2024-0009, RIN 1651-AB48). The comment period closed on July 8, 2024. DHS is now in the final rulemaking stage, with a final rule expected in the coming weeks according to the agency's regulatory agenda.

Who's Affected

The rule targets a specific subset of employers: those with 50 or more employees in the United States where more than half of the workforce holds H-1B or L-1 status. These are predominantly IT services and consulting firms, though some large technology companies also meet the threshold.

The financial exposure is significant. Under current rules, qualifying employers already pay $4,000 for each new H-1B petition and $4,500 for each new L-1 petition. Extending these fees to renewals would multiply costs for employers that retain large H-1B workforces year over year.

• Employers with 50+ U.S. employees and a workforce that is more than 50% H-1B/L-1 holders are subject to the fee
• The fee is $4,000 per H-1B extension petition and $4,500 per L-1 extension petition
• Amended petitions filed without an extension-of-stay request would be exempt
• DHS estimates the expansion would generate an additional $157.3 million annually

The Numbers: Why Extensions Matter

The scale of this change becomes clear when you look at USCIS petition data. According to a [National Foundation for American Policy (NFAP) analysis](https://nfap.com/wp-content/uploads/2025/11/H-1B-Petitions-and-Denial-Rates-For-FY-2025.NFAP-Policy-Brief.2025.pdf) of USCIS data, the agency approved 406,348 H-1B petitions in FY 2025. Of those, 291,542 — nearly 72% — were for continuing employment, which includes extensions of stay, amended petitions, and changes of employer.

Indian nationals accounted for approximately 226,359 of those continuing-employment approvals, or 77.6% of all H-1B extensions. China ranked second with 31,581 approvals.

The employers filing the most H-1B extension petitions in FY 2025 were Amazon (14,532 approved continuing-employment petitions), TCS (5,293), Microsoft (4,863), Meta Platforms (4,740), Apple (4,610), and Google (4,509), according to the [NFAP analysis](https://nfap.com/research/new-nfap-policy-brief-h-1b-petitions-and-denial-rates-in-fy-2025/). NFAP notes that these figures represent approved petitions, not unique employees, since a single H-1B worker may receive multiple approvals in a year due to location changes.

What Attorneys Should Know

The proposed rule amends [8 CFR 106.2(c)(8) and (9)](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-A/part-106) by replacing the phrase "certain petitioners" with "all petitioners" in the subparagraphs governing the 9-11 Biometric Fee for H-1B and L-1 classifications. The statutory authority is Section 402(g) of [Public Law 114-113](https://www.congress.gov/bill/114th-congress/house-bill/2029/text) (Consolidated Appropriations Act, 2016), which established the 9-11 Biometric Account to fund the biometric entry-exit system mandated by Section 7208 of the IRTPA ([8 U.S.C. § 1365b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1365b&num=0&edition=prelim)).

DHS argues that the current regulatory text creates an ambiguity: the fee is tied to petitions that also require a Fraud Prevention and Detection Fee, which by statute applies only to initial petitions and change-of-employer filings — not to same-employer extensions. DHS contends that Congress intended the 9-11 Biometric Fee to apply more broadly to all extension petitions, and the proposed rule would align the regulation with that intent.

This rule has a complex procedural history. A similar final rule was published by the Biden administration's DHS in 2020 but was blocked in litigation before it could take effect. The current NPRM effectively revives that effort. The 2026 Unified Regulatory Agenda lists the rule at the final-rule stage with no legal deadline, and a final rule is expected in the coming weeks.

Practitioners should note the carve-out for amended petitions: if an employer files an I-129 amendment to update job duties or work location without requesting an extension of stay, the 9-11 Biometric Fee would not apply under the proposed rule. This distinction may have strategic implications for filing sequencing.

What Applicants Should Do

This fee is paid by employers, not by individual H-1B or L-1 workers. However, the downstream effects on workers could be significant if employers factor additional costs into hiring and retention decisions.

• Talk to your employer's immigration counsel about whether the company meets the covered-employer threshold (50+ employees, more than half on H-1B/L-1)
• If you are nearing an extension filing, ask whether the petition can be submitted before a final rule takes effect — there is no announced effective date yet, but the rule is expected soon
• Workers at IT services and consulting firms that rely heavily on H-1B staffing are most likely to be affected indirectly through employer cost considerations
• This fee is separate from the $100,000 supplemental H-1B fee that is currently vacated by federal court order — they apply to different employer populations

Context: Mounting H-1B Cost Pressures

This proposed fee expansion arrives alongside several other recent policy changes that are increasing the cost of H-1B sponsorship. The wage-weighted H-1B lottery (effective for FY 2027 registrations) prioritizes higher-wage positions, the [DOL's proposed prevailing wage overhaul](https://haven-five-hazel.vercel.app/blog/prevailing-wage-increase-2026-h1b-perm) would raise wage floors for H-1B and green card workers, and the [$100,000 supplemental fee](https://haven-five-hazel.vercel.app/blog/first-circuit-denies-stay-100k-h1b-fee-july-2026) — though currently blocked by court order — could return if the First Circuit's vacatur is overturned.

For employers already navigating these changes, extending the 9-11 Biometric Fee to renewals adds another layer of cost. NFAP data shows that the average cost for an employer to sponsor a single H-1B professional — including legal fees, government charges, extensions, and green card processing — already ranges from $34,900 to over $50,000.