On August 10, 2026, the U.S. Department of Homeland Security (DHS) published a Final Rule significantly expanding the applicability of the 9-11 Response and Biometric Entry-Exit Fee (the Fee) to H-1B and L-1 extension petitions.  This fee is often called the “9-11 fee” or “Public Law 114-113 fee.”

The Final Rule carries an effective date of September 9, 2026. If your company sponsors foreign national workers in H-1B or L-1 status you may be impacted by the application of this fee.  You have approximately 30 days to audit your pending extension filings, update your immigration budget, and ensure full compliance before the first affected petitions are due.

Background:

The 9-11 Response and Biometric Entry-Exit Fee ($4,000 for H-1B petitions and $4,500 for L-1 petitions) until now applied only to initial petitions and change-of-employer filings for “H-1B dependent” employers — companies with 50 or more employees where more than 50% of the U.S. workforce holds H-1B or L-1 nonimmigrant status. Extensions were entirely exempt from this fee, but going forward, this exemption ends on September 9, 2026.

Effective September 9, 2026, the Final Rule requires covered employers to include the applicable fee with every H-1B and L-1 extension petition they file. This applies each time an extension is filed, for every affected employee, with no exceptions.

Impact:

Employers with 50 or more employees, where more than 50% of the U.S. workforce holds H-1B or L-1 status, must pay this fee when filing H-1B or L-1 extension petitions on or after September 9, 2026. Petitions submitted without the fee will be rejected outright. There is no grace period and no waiver process.

Immediate Action:

• Review all pending and upcoming extension filings immediately, and file as many qualified petitions as possible to reach USCIS before September 9, 2026.
• Revise your immigration budget to account for the expanded fee.
• Note that any petition filed without the fee will be returned, which could jeopardize your employee’s status.

If you have questions about this or other immigration matters reach out to LawQuest.  We will help you assess your exposure and build a compliance plan before your upcoming deadline.

To learn more about the new H-1B and L-1 extension fee, read our detailed article.  

Disclaimer: This alert is provided for informational purposes only and does not constitute legal advice. Receipt of this communication does not establish an attorney-client relationship. Please consult with a qualified immigration attorney regarding your specific circumstances.