Federal Register #2026-16231

DHS Final Rule: Expanded 9-11 Biometric Entry-Exit Fee for H-1B and L-1 Visa Petitions

This final rule from the Department of Homeland Security (DHS) expands the 9-11 Response and Biometric Entry-Exit Fee requirements for H-1B and L-1 visa petitions: - Government Buyer: - U.S. Department of Homeland Security (DHS) - Sub-agencies: U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) - No OEMs or commercial vendors are involved, as this is a regulatory fee, not a procurement of goods or services - Products/Services Requested: - 9-11 Response and Biometric Entry-Exit Fee for H-1B visa petitions: $4,000 per petition - 9-11 Response and Biometric Entry-Exit Fee for L-1 visa petitions: $4,500 per petition - Fees apply to all extension of status petitions filed by covered employers (50+ employees, over 50% in H-1B/L-1 status), not just initial petitions or those involving a change of employer - Notable Requirements: - The fee funds the implementation of biometric entry-exit systems to enhance national security and prevent immigration fraud - The fee applies to petitions filed through the extended sunset date - Estimated fiscal impact: $37.9 million (FY 2026), $40 million (FY 2027) - No products, hardware, or software are being procured; this is a regulatory change affecting visa petitioners

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 fee for all extension of status petitions, regardless of the fraud prevention and detection fee applicability, including extensions without a change of employer. The fee continues to apply to initial status petitions. These changes support DHS's mandate to implement a biometric entry-exit system to enhance national security and prevent visa and immigration fraud.

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