Starting September 9, 2026, employers sponsoring H-1B or L-1 workers will face a broader fee obligation under a new DHS final rule. AILA reported on August 10, 2026 that U.S. Customs and Border Protection (CBP) has finalized a rule — published at 91 FR 51360 — that closes a loophole that previously allowed some employers to skip the 9-11 Response and Biometric Entry-Exit Fee when filing extension of status petitions.

Key Points

  • What: DHS final rule requiring all covered employers to pay the 9-11 Response and Biometric Entry-Exit Fee when filing H-1B or L-1 extension petitions
  • Who: Employers filing H-1B or L-1 intracompany transferee extension of status petitions
  • When: Effective September 9, 2026
  • Impact: Employers who previously avoided this fee by not triggering the fraud prevention fee will now owe it on every extension filing

What Changed — and Why It Matters

The 9-11 Response and Biometric Entry-Exit Fee is a statutory fee tied to H-1B and L-1 visa petitions, originally designed to fund border security programs including biometric entry-exit tracking. Under the previous regulatory framework, there was ambiguity: some employers interpreted the rules to mean the fee was only required when the separate fraud prevention and detection fee also applied. That created a gap — and some extension petitions went fee-free as a result.

This final rule eliminates that ambiguity. According to AILA's summary of the rule, CBP is clarifying that the fee applies to all extension of status petitions for H-1B and L-1 workers, regardless of whether the fraud prevention and detection fee is triggered.

The rulemaking traces back to a June 2024 notice of proposed rulemaking (also reported by AILA), where CBP proposed this clarification and invited public comment through July 8, 2024. This final rule is the result of that process.

What This Means for H-1B Workers and L-1 Transferees

If you're an H-1B or L-1 worker coming up for a status extension, this rule doesn't change your eligibility or the petition process itself. What it changes is your employer's cost burden — and in some cases, employer hesitation over fees can affect filing decisions or timelines.

Key points to understand:

  • The fee obligation falls on the employer, not the worker — employers are generally prohibited from passing USCIS filing fees to H-1B employees
  • This applies to extension of status petitions, not initial cap-subject H-1B petitions
  • L-1 intracompany transferee petitions are equally affected
  • The exact dollar amount of the 9-11 Response and Biometric Entry-Exit Fee is not specified in the AILA summary — your employer's immigration counsel should confirm the current amount

What You Should Do

If your H-1B or L-1 extension is pending or coming up after September 9, 2026, flag this rule to your employer's HR or immigration team now. They need to ensure the correct fee is included in any extension petition filed on or after that date — a missing fee could result in a rejection.

Workers do not need to take direct action, but it's worth confirming with your employer that they are aware of the September 9 effective date and have updated their petition checklists accordingly. If you have questions about how this affects your specific situation, consult a qualified immigration attorney.