Federal Register #USCBP-2024-0009

DHS Expands 911 Biometric Entry-Exit Fee 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 911 Biometric Entry-Exit Fee 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), U.S. Citizenship and Immigration Services (USCIS) - Products/Services Requested: - 911 Response and Biometric Entry-Exit Fee for H-1B Visa ($4,000 per petition) - 911 Response and Biometric Entry-Exit Fee for L-1 Visa ($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 - Unique/Notable Requirements: - The fee is intended to fund biometric entry-exit systems to enhance national security and prevent visa/immigration fraud - The rule clarifies statutory interpretation and expands the fee's applicability to all extension petitions, regardless of fraud fee applicability - The fee applies to petitions filed through the sunset date, which has been extended to 2027 - Projected fiscal impact includes increased transfer payments of $37.9 million (FY 2026) and $40 million (FY 2027) - No specific OEMs or commercial vendors are involved, as this is a regulatory fee rather than a procurement of goods or services

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 amendments clarify that DHS requires covered employers to submit the biometric fee for all extension of status petitions, regardless of the applicability of the fraud prevention and detection fee, including extensions without a change of employer. The fee continues to apply to initial petitions seeking a grant of status. 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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