U.S. Customs and Border Protection (CBP) has published a final rule, “9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas” (RIN 1651-AB48), that expands when the 9-11 Response and Biometric Entry-Exit Fee applies to H-1B and L-1 petitions. The rule was published on Monday, August 10, 2026, and will take effect 30 days after publication.
What the Rule Does
The 9-11 fee has historically applied only to certain employers that meet specific statutory workforce thresholds — it is not charged on every H-1B or L-1 petition. Under CBP’s prior interpretation, some extension-of-status petitions avoided the fee because the related fraud-prevention fee did not apply to them.
CBP now says that interpretation was incorrect. The agency states that Congress intended the 9-11 fee to apply more broadly, and covered employers must now pay it on qualifying extension petitions regardless of whether the fraud-prevention fee is owed.
Who Is Affected
- Employers filing H-1B extension petitions
- Employers filing L-1 extension petitions
- Large employers already subject to the 9-11 fee’s workforce thresholds
Employers who do not meet the statutory thresholds for the 9-11 fee remain unaffected.
Practical Impact
For covered employers, this change means:
- Higher filing costs for H-1B and L-1 extension cases
- Additional expense tied to retaining employees already working in the United States, not just for new hires
- A greater cumulative financial burden on companies that rely heavily on H-1B and L-1 workers
Because the fee now applies more broadly to extension filings, more petitions will trigger it going forward, increasing the overall cost of maintaining H-1B and L-1 status for existing employees.
What This Does Not Change
It’s worth noting that this rule addresses fees and filing costs — it does not change the underlying eligibility standards for H-1B or L-1 classification. Employers are not facing new hurdles to qualify workers for these visa categories; they are facing higher costs to extend the status of workers who already qualify.
What Employers Should Do Now
With the rule effective 30 days after its August 10, 2026 publication, covered employers have a short window to prepare:
- Review upcoming H-1B and L-1 extension filings to determine whether the expanded fee will apply
- Budget for the additional cost on extension petitions filed after the effective date
- Consult with immigration counsel to confirm which of your pending or planned filings fall under the new interpretation
If your company files H-1B or L-1 extensions and you have questions about how this rule affects your workforce planning, contact Ayoub & Associates, P.C. to discuss your options.
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