DHS Clarifies H-1B & L-1 Biometric Fee: All Extensions Now Subject to 9-11 Response Surcharge
Summary
The Department of Homeland Security (DHS) has amended its regulations regarding the 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 visas. This regulatory change corrects a previous interpretation, now requiring covered employers to submit the biometric fee for all extension of status petitions. This includes extensions that do not involve a change of employer, thereby broadening the fee's applicability and increasing costs for many sponsoring businesses and visa holders. The clarified rule ensures a consistent application of the fee across various H-1B and L-1 extension scenarios.
The Department of Homeland Security (DHS) is amending regulations concerning the 9-11 Response and Biometric Entry-Exit Fee for certain H-1B and L-1 Visas. This crucial regulatory change clarifies DHS's interpretation of existing statutory language, mandating that covered employers must now submit the 9-11 Biometric Fee for *all* extension of status petitions. This includes scenarios where an H-1B or L-1 visa holder seeks to extend their status with their current employer, a situation that may have previously been exempt under differing interpretations, particularly if the fraud prevention and detection fee did not apply.
This amendment represents a significant clarification rather than an introduction of a new fee, but its impact on employers and visa holders is substantial. The fee, typically $4,000 for H-1B and $4,500 for L-1 for specific large employers (those with 50 or more employees, with at least 50% on H-1B or L-1 visas), will now be a consistent and mandatory cost for all applicable extension filings. Companies and individuals reliant on these visa categories will need to adjust their financial planning and budgeting to accommodate these increased and broader expenses for maintaining legal status in the U.S.
Background
The 9-11 Response and Biometric Entry-Exit Fee was initially established by Public Law 114-113 to fund various security measures and infrastructure improvements, particularly impacting certain H-1B and L-1 petitioners. Its application has historically focused on initial petitions and change of employer extensions, with the current amendment refining its scope to ensure universal application for all extensions.
Who This Affects
- Employers sponsoring H-1B and L-1 visas will face increased costs as all extension petitions now require the 9-11 Biometric Fee, expanding their financial obligations.
- H-1B and L-1 visa holders seeking extensions of their current status with the same employer will now have this fee apply, directly impacting the overall expense of maintaining their legal presence.
- Companies meeting the criteria of having 50 or more employees, with at least 50% on H-1B or L-1 visas, are particularly affected as they are primarily subject to this specific surcharge.
What You Should Do Now
- Employers should update their budgeting to account for the mandatory 9-11 Biometric Fee for all H-1B and L-1 extension of status petitions moving forward.
- H-1B and L-1 visa holders should confirm with their employers regarding the financial responsibility for this fee, especially if they are due for an extension soon.
- Consult with an immigration attorney to understand the full implications of this regulatory change for specific employment situations and petition filings.
Key Takeaway
The Department of Homeland Security now requires the 9-11 Biometric Entry-Exit Fee for all H-1B and L-1 visa extension of status petitions, significantly increasing costs for sponsoring employers.
Source: Read official article on Federal Register (Immigration)
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