The Department of Homeland Security published a rule on August 10, 2026 that changes when the 9-11 biometric fee is due on H-1B and L-1 petitions. The rule takes effect on September 9, 2026.
What changes
Under the official text, covered employers must now collect the 9-11 biometric fee on all extension of status petitions — regardless of whether the additional fee under INA section 214(c)(12) applies to that petition, and including extensions that do not involve a change of employer.
In practice: an extension without a change of employer, which previously could fall outside the fee requirement, is now included.
What stays the same
The 9-11 biometric fee continues to apply unchanged to petitions seeking an initial grant of status. What the rule corrects is the interpretation applied to extensions.
What to check now
- If your company has an H-1B or L-1 extension petition to file, confirm with whoever is preparing the package which fee set applies after September 9.
- A petition filed with the wrong fee set is often returned. It's worth checking the fee schedule in effect on the submission date, not the date the package started being prepared.
- Initial grant of status: nothing changes because of this rule.
Next date: September 9, 2026 — the rule takes effect.
Source: Federal Register — 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas, Department of Homeland Security, published 08/10/2026, effective 09/09/2026. Document 2026-16231 — https://www.federalregister.gov/documents/2026/08/10/2026-16231/9-11-response-and-biometric-entry-exit-fee-for-h-1b-and-l-1-visas
Literal quote from the official abstract: "…require that covered employers submit the 9-11 Biometric Fee for all extension of status petitions, […] which includes extension of status petitions that do not involve a change of employer. The 9-11 Biometric Fee continues to apply unchanged to petitions seeking an initial grant of status."
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Educational information, not legal advice. Prime Immigration Office is a paralegal service — document preparation only. For legal advice, consult a licensed Texas attorney or DOJ-accredited representative.