New 9-11 Biometric Fee for H-1B, L-1 Visas Takes Effect Sept 9
USCIS issued a final rule on August 10, 2026, requiring a new 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 visa petitions, effective September 9, 2026, adding to employer costs for foreign worker sponsorship.
New Cost and Compliance Requirements for Work Visa Sponsorship
On August 10, 2026, DHS issued a final rule to amend regulations concerning the statutory 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas, requiring petitioners that are covered employers to submit the 9-11 Biometric Fee for all H-1B and L-1 petitions. The final rule is effective Sept. 9, 2026, and Form I-129 petitions postmarked or electronically submitted on or after Sept. 9, 2026, must include the fees as required under the final rule.
Who Is Affected
A petitioner is a covered employer if it employs 50 or more individuals in the United States, and more than 50 percent of those employees are in H-1B or L-1A or L-1B nonimmigrant status. However, the fee does not apply if the petitioner is filing an amended petition that does not seek to extend the alien's currently authorized H-1B or L-1 status.
This fee follows earlier controversy over a $100,000 supplemental fee for certain H-1B visa petitions filed on or after September 21, 2025, which adds significant cost to sponsoring foreign national talent from abroad.
What This Means for Foreign Workers
If you're on an H-1B visa or an L-1 intra-company transfer visa, your employer now faces multiple fee increases when sponsoring new workers or renewing existing status. The H-1B visa changes in 2026 represent the most significant shift in the program in decades, with a $100,000 supplemental fee, a wage-based H-1B lottery, expanded FDNS enforcement, and the elimination of automatic EAD extensions transforming immigration into a core workforce risk for employers. This may cause employers to be more selective about visa sponsorship, prioritize retaining existing visa holders over hiring new ones, or raise wage thresholds to qualify candidates. Monitor your employer's hiring plans and renewal timelines closely.
Sources
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