Federal Register #Docket No. USCBP-2024-0009

DHS Expands 9-11 Biometric Entry-Exit Fee Requirements for H-1B and L-1 Visa Petitions

The Department of Homeland Security (DHS), through U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS), has finalized a rule expanding the 9-11 Response and Biometric Entry-Exit Fee requirements for H-1B and L-1 visa petitions: - Applies to all H-1B and L-1 visa extension petitions filed by covered employers (50+ employees, over 50% in H-1B/L-1 status) - Fee is $4,000 for H-1B petitions and $4,500 for L-1 petitions - Fee now required for all extension petitions, not just those involving a change of employer - Fees fund the development and maintenance of biometric entry-exit systems to enhance national security - Rule clarifies statutory interpretation and aims to increase fee collections to support biometric programs - No products, equipment, or OEMs are being procured; this is a regulatory fee requirement - The fee applies to petitions filed through the extended sunset date - Estimated fiscal impact: $37.9 million (FY 2026) and $40 million (FY 2027) in transfer payments

Description

The Department of Homeland Security (DHS) is amending regulations concerning the 9-11 Response and Biometric Entry-Exit Fee for certain H-1B and L-1 visas. The changes clarify that covered employers must submit the 9-11 Biometric Fee for all extension of status petitions, including those without a change of employer, while the fee continues to apply unchanged to initial status petitions. This rule supports DHS's congressional mandate to implement a biometric entry-exit system and enhances national security by verifying visa holders biometrically.

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