DHS Expands 9-11 Response Fee to All H-1B and L-1 Extensions, Raising Costs for Tech Giants
- Editorial Team
- 3 days ago
- 3 min read
Updated: 2 days ago
WASHINGTON, August 7, 2026 — The Department of Homeland Security (DHS) will publish a final regulation on August 10 expanding the 9-11 Response and Biometric Entry-Exit Fee to all H-1B and L-1 extension petitions filed by employers subject to the fee, significantly increasing costs for large technology companies and Indian professionals who account for the majority of visa renewals.
The regulation takes effect 30 days after publication, meaning the new fee requirement will apply to extension petitions filed from approximately September 9, 2026 onward.
Published: August 7, 2026 | By VisasUpdate.com Editorial Team
What Is the 9-11 Response Fee?
The 9-11 Response and Biometric Entry-Exit Fee is an additional filing fee established by Public Law 114-113 in December 2015 to fund biometric entry-exit programs mandated for national security reasons.
Fee Type | Amount |
H-1B Petitions | $4,000 |
L-1 Petitions | $4,500 |
Which Employers Are Affected?
The fee applies only to employers that meet both of the following criteria:
Criterion | Threshold |
U.S. Employees | 50 or more |
H-1B/L-1 Workforce | More than 50% are in H-1B or L-1 status |
This primarily affects large IT outsourcing firms, multinational technology companies, and consulting firms with a heavy reliance on foreign skilled workers.
What's Changing?
Current Rule (Before September 2026)
Petition Type | 9-11 Fee Required? |
Initial H-1B/L-1 grant | Yes |
Change of employer | Yes |
Extension of stay | No |
New Rule (Effective September 2026)
Petition Type | 9-11 Fee Required? |
Initial H-1B/L-1 grant | Yes |
Change of employer | Yes |
Extension of stay | Yes |
Amended petition (no extension) | No |
The new regulation interprets the statutory language to apply the fee regardless of whether the fraud prevention and detection fee is required in the filing. According to DHS, ambiguous language in the statute permits this new agency interpretation.
"DHS is amending and clarifying the regulations to specify that the 9-11 Response Fees will apply to all H-1B and L-1 extension petitions in addition to all previously covered H-1B and L-1 petitions."— Office of Information and Regulatory Affairs
Impact on Employers and Workers
Why This Matters for Tech Companies
Of the 406,685 H-1B petitions approved during fiscal year 2025, 291,542 (71%) were for continuing employment rather than first-time entrants. The largest recipients of H-1B extensions included:
Company | H-1B Extensions Approved (FY 2025) |
Amazon | 14,532 |
Tata Consultancy Services | 5,293 |
Microsoft | 4,863 |
Meta Platforms | 4,740 |
Apple | 4,610 |
4,509 |
Impact on Indian Professionals
Indian nationals received 226,359 H-1B extensions in FY 2025, representing 77.6% of all H-1B extensions worldwide.
The new fee will have a huge impact on the Indian diaspora as continuing to keep them on the payroll will become more expensive.
Broader Industry Implications
Increased costs for employers that rely heavily on H-1B and L-1 workers
Potential impact on hiring and retention strategies
Higher barriers to extending existing employees' stays
Disproportionate effect on IT services companies and major tech firms
Key Dates
Date | Event |
August 10, 2026 | Regulation published in the Federal Register |
September 9, 2026 (approx.) | Regulation takes effect (30 days after publication) |
September 30, 2027 | Fee scheduled to sunset unless extended by Congress |
Background: The Legal Framework
The 9-11 Response Fee was created by statute in December 2015 as a successor to an earlier supplemental statutory fee established in 2010. Congressional intent behind the fee was to fund biometric entry and exit programs mandated for national security reasons.
The final rule follows a proposed rule published on June 6, 2024 and comes after a federal appeals court refused to pause a lower court ruling that struck down the Trump administration's proposed $100,000 fee on new H-1B visa applications.
Quick Reference Summary
Aspect | Details |
Fee Amount | $4,000 (H-1B) / $4,500 (L-1) |
Affected Employers | 50+ U.S. employees, >50% in H-1B/L-1 status |
New Coverage | All extension petitions |
Publication Date | August 10, 2026 |
Effective Date | ~September 9, 2026 |
Sunset Date | September 30, 2027 (unless extended) |
Legal Basis | Public Law 114-113 |
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