As of October 21, 2026, the H-1B 9-11 fee applies to extension petitions, not only to new hires and transfers. Since September 9, 2026, employers with 50 or more US employees and more than half of them in H-1B or L-1 status must pay $4,000 on every H-1B extension and $4,500 on every L-1 extension, including extensions for workers staying with the same employer (91 FR 51360). The fee amounts did not change; what changed is which petitions they apply to (91 FR 51360).
This is a final rule, already in effect. It is separate from the $100,000 H-1B payment and from the proposed $103,265 fee, which we cover below.
- The final rule is "9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas," 91 FR 51360, published August 10, 2026.
- It applies to Form I-129 petitions postmarked or electronically submitted on or after September 9, 2026.
- The fee amounts are unchanged: $4,000 per H-1B petition and $4,500 per L-1 petition.
- A covered employer has 50 or more US employees, with more than 50 percent in H-1B, L-1A or L-1B status in the aggregate.
- Covered employers now pay the fee on extensions, including same-employer extensions; amended petitions that do not seek an extension are exempt.
- DHS says the rule does not apply to petitions that were already pending on the effective date.
- The regulation applies the fee to petitions filed on or before September 30, 2027.
What did the H-1B 9-11 fee rule change on September 9, 2026?
On August 10, 2026, the Department of Homeland Security published a final rule titled "9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas" at 91 FR 51360, issued through US Customs and Border Protection as CBP Dec. No. 26-11 (91 FR 51360). The rule took effect on September 9, 2026 (91 FR 51360).
The rule requires covered employers to pay the 9-11 Biometric Fee on all H-1B and L-1 extension of status petitions, whether or not the separate Fraud Prevention and Detection Fee applies, which brings in extensions that do not involve a change of employer (91 FR 51360). The fee continues to apply, unchanged, to petitions seeking an initial grant of status (91 FR 51360).
USCIS put the filing-date rule plainly:
"Form I-129 petitions postmarked or electronically submitted on or after Sept. 9, 2026, must include the fees as required under the final rule." USCIS, I-129, Petition for a Nonimmigrant Worker, alert on the August 10, 2026 final rule (page last reviewed 10/07/2026)
USCIS also published a new 09/09/26 edition of Form I-129 in connection with the rule, and says that starting November 9, 2026 it will accept only that edition; until then the 02/27/26 edition is also accepted (USCIS, Form I-129 page).
Which employers have to pay the 9-11 fee?
Only "covered employers" pay it. The amended regulation for H-1B reads:
"For all petitioners filing an H-1B petition who employ 50 or more employees in the United States, if more than 50 percent of the petitioner's employees in the aggregate are in H-1B, L-1A, or L-1B nonimmigrant status: $4,000." 8 CFR 106.2(c)(8), as amended by 91 FR 51360 (Aug. 10, 2026)
The L-1 provision, 8 CFR 106.2(c)(9), uses the same two-part test and sets the fee at $4,500 (91 FR 51360). In short, it is a 50/50 test: 50 or more US employees, and more than 50 percent of them on H-1B or L-1.
The words "in the aggregate" are new. DHS says that before this rule it already counted all full-time and part-time employees in H-1B or L-1 status to decide whether an employer crosses the 50 percent line, and added the phrase to make that practice explicit (91 FR 51360).
A company with fewer than 50 US employees, or one where H-1B and L-1 workers are half or less of the US workforce, does not pay the 9-11 fee at all (91 FR 51360). The fee also does not apply to H-1B1 petitions for Chile and Singapore nationals (USCIS, Form G-1055 Fee Schedule, edition 10/16/26).
Which petitions does the 9-11 fee apply to now?
For a covered employer, the fee now attaches to:
- petitions for an initial grant of H-1B or L-1 status (unchanged);
- change of employer petitions (unchanged);
- extension of status petitions with the same employer (new);
- amended petitions that also request an extension of status (new).
DHS states the rule covers covered employers' petitions "seeking initial classification" or an extension of status, "irrespective of whether the extension of status request is for a change of covered employers or for the purpose of remaining employed with the original covered employer" (91 FR 51360).
The one exemption written into the regulation is for amended petitions that do not seek an extension of the worker's currently authorized H-1B or L-1 status (91 FR 51360). DHS also says the fee applies once per petition, not twice (91 FR 51360).
For L-1 workers on a blanket petition: DHS notes that individual L-1 petitions on Form I-129S based on an approved blanket L were already subject to the Fraud Fee and the 9-11 fee, because USCIS treats them as a change of employer, and the rule does not change that practice (91 FR 51360).
DHS's own numbers show how much wider the net now is. From fiscal year 2018 to fiscal year 2025, 27 percent of H-1B petitions from covered employers were subject to the 9-11 fee; had this rule been in effect over the same period, the share would have been 75 percent (91 FR 51360). DHS says comparable figures are not available for L-1 petitions (91 FR 51360).
What does an H-1B or L-1 extension cost a covered employer now?
The 9-11 fee sits on top of the other Form I-129 fees. Here are the main fees the current USCIS fee schedule lists for H-1B and L-1 petitions, and which of those apply to a same-employer extension (USCIS, Form G-1055 Fee Schedule, edition 10/16/26):
| Fee | H-1B | L-1 | Same-employer extension? |
|---|---|---|---|
| Base filing fee (regular petitioner) | $780 paper, $730 online | $1,385 paper, $1,335 online | Yes |
| Base filing fee (small employer or nonprofit) | $460 | $695 | Yes, if eligible |
| Asylum Program Fee | $600 regular, $300 small employer, $0 nonprofit | $600 regular, $300 small employer, $0 nonprofit | Yes |
| Fraud Prevention and Detection Fee | $500 | $500 | No: initial approval or new employer only |
| Public Law 114-113 (9-11) fee, covered employers | $4,000 | $4,500 | Yes, since September 9, 2026 |
| ACWIA training fee | $1,500 or $750, by employer size | Not listed | Unless an exemption applies |
The fee schedule states that the Public Law 114-113 fee cannot be waived and is not refundable, whatever action is taken on the petition (USCIS, Form G-1055 Fee Schedule, edition 10/16/26). Whether a particular employer qualifies for a reduced base fee, the lower Asylum Program Fee or an ACWIA exemption depends on facts reported in Form I-129 and its H-1B supplement, which is a question for your employer's attorney.
For a covered employer filing on paper, the $4,000 9-11 fee is more than five times the $780 H-1B base filing fee (USCIS, Form G-1055 Fee Schedule, edition 10/16/26). DHS estimates the rule will increase transfers from fee payers to the government by $37.9 million in fiscal year 2026 and $40.0 million in fiscal year 2027, in undiscounted 2025 dollars (91 FR 51360).
Does the rule apply to petitions filed before September 9, 2026?
No. Some commenters asked DHS not to apply the fee to current H-1B holders. DHS answered:
"This rule will only be applied to the relevant petitions as of the implementation date of the rule. These fees will not retroactively apply to past or to pending petitions." 91 FR 51360, 51371 (Aug. 10, 2026)
In practice, the dividing line is the date the petition was postmarked or electronically submitted (USCIS, Form I-129 page).
Why did DHS change its reading of the law?
The 9-11 fee comes from section 402(g) of Division O of the Consolidated Appropriations Act, 2016, Public Law 114-113, enacted December 18, 2015 (91 FR 51360). Congress created it after a 2010 supplemental fee of $2,000 (H-1B) or $2,250 (L-1) expired, and it doubled that amount (91 FR 51360). Half of the collections go to a 9-11 Response and Biometric Exit Account, up to $1 billion, and half to the Treasury's general fund (91 FR 51360).
In 2016, DHS read the statute to require the fee only when the Fraud Fee also applied, which meant initial petitions and changes of employer (91 FR 51360). The 2015 statute, however, added the phrase "including an application for an extension of such status," and DHS now says that phrase is a substantive change that reaches all extensions (91 FR 51360). Citing the Supreme Court's 2024 decision in Loper Bright Enterprises v. Raimondo, DHS describes its earlier reading as "not the best one" (91 FR 51360).
This is DHS's second attempt. A 2020 USCIS fee rule adopted the same interpretation, but that rule was enjoined in its entirety, in litigation unrelated to the 9-11 fee, before it took effect (91 FR 51360). DHS then proposed the current change on June 6, 2024 (89 FR 48339) and received 146 comments (91 FR 51360).
Some commenters said the change especially affects Indian and Chinese H-1B holders, who face long green card waits and must renew H-1B status many times (91 FR 51360). DHS's response:
"While this limitation may more directly impact citizens from certain countries, this rule does not target any specific citizens." 91 FR 51360, 51370 (Aug. 10, 2026)
How does the 9-11 fee fit with the $100,000 payment and the $103,265 proposal?
They are three different measures. The 9-11 fee is statutory, already in force for extensions, and limited to covered employers (91 FR 51360).
The $100,000 payment comes from a presidential proclamation. USCIS says the US District Court for the District of Massachusetts vacated the agency guidance implementing it on June 8, 2026, the First Circuit denied the government's stay request on July 24, 2026, and DHS is complying while it considers next steps (USCIS, Form G-1055 Fee Schedule page). On September 30, 2026, a second court, the US District Court for the Northern District of California, vacated and remanded the agency policies implementing the payment in Global Nurse Force v. Trump, No. 25-cv-08454-HSG (N.D. Cal. order, Dkt. 130). The government filed a notice of appeal to the Ninth Circuit on October 9, 2026 (notice of appeal, Dkt. 132). For the full picture, see our explainer on the H-1B $100,000 fee in October 2026.
The $103,265 fee is a proposal published August 25, 2026, for H-1B cap-subject petitions, including advanced degree exemption petitions; comments closed September 24, 2026 (91 FR 54817). That proposal itself notes the 9-11 fee will expire on September 30, 2027, unless Congress extends or reauthorizes it (91 FR 54817). Our post on the proposed additional H-1B fee covers it in detail.
Where does each piece stand as of October 21, 2026?
| Item | Document | Status |
|---|---|---|
| 9-11 fee on H-1B and L-1 extensions | Final rule, 91 FR 51360 | In effect since September 9, 2026 |
| 9-11 fee on initial and change of employer petitions | 8 CFR 106.2(c)(8) and (9) | In effect, unchanged |
| Form I-129, 09/09/26 edition | USCIS form update | Required from November 9, 2026 |
| 9-11 fee sunset | Public Law 114-113, as amended by Public Law 115-123 | Petitions filed on or before September 30, 2027 |
| $100,000 H-1B payment | Presidential proclamation | Implementing policies vacated by two district courts; government appealing; DHS complying |
| $103,265 cap-subject fee | Proposed rule, 91 FR 54817 | Proposed; comments closed; not final |
Sources: 91 FR 51360; USCIS, Form I-129 page; USCIS, Form G-1055 Fee Schedule page; N.D. Cal. order, Dkt. 130; 91 FR 54817.
What this means for you
If you work for a covered employer, each H-1B or L-1 extension your employer files now costs it an extra $4,000 or $4,500 (USCIS, Form G-1055 Fee Schedule, edition 10/16/26).
The cost adds up for workers who rely on repeated extensions while waiting for a green card. If that is you, it is worth looking at how long your employer-sponsored path will take, as explained in our guide to the H-1B six-year limit during the PERM suspension. Separately, on October 14, 2026, USCIS proposed ending deference to prior approvals on extensions (91 FR 65119), which we cover in our post on the extension deference proposal.
If your employer has fewer than 50 US employees, or is one where H-1B and L-1 workers are half or less of the US staff, the 9-11 fee does not apply to you at all.
- Ask HR whether the company is a covered employer under the 50/50 test.
- Confirm the filing date: September 9, 2026 or later means the new fee applies.
- Check that the petition uses the 09/09/26 edition of Form I-129 if it is filed on or after November 9, 2026.
- If your employer is reconsidering an extension because of cost, raise the timeline of your green card case with your attorney early.
Where to start
If repeated extensions are part of your plan, it may be worth checking whether a self-petitioned green card route fits you. Our free evaluation shows which routes your profile may fit, and Frank, our AI assistant, finds real opportunities for the criteria you are missing. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 21, 2026.
- 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas, Final Rule, 91 FR 51360, FR Doc. 2026-16231 (govinfo) (August 10, 2026). Effective date, covered employer test, extension coverage, amended petition exemption, non-retroactivity, statutory history, DHS data and the amended text of 8 CFR 106.2(c)(8) and (9).
- USCIS, I-129, Petition for a Nonimmigrant Worker (last reviewed October 7, 2026). Filing-date rule for the fee and the 09/09/26 form edition.
- USCIS, Form G-1055, Fee Schedule, edition 10/16/26 (PDF) (October 16, 2026). Current H-1B and L-1 fee amounts and when each applies.
- USCIS, G-1055 Fee Schedule page, I-129 entry (October 2026). Status of the $100,000 payment litigation.
- Global Nurse Force v. Trump, No. 25-cv-08454-HSG (N.D. Cal.), Order, Dkt. 130 (CourtListener) (September 30, 2026). Second vacatur of the agency policies implementing the $100,000 payment.
- Global Nurse Force v. Trump, Defendants' Notice of Appeal, Dkt. 132 (CourtListener) (October 9, 2026). Appeal to the Ninth Circuit.
- Fee for Certain H-1B Petitions, Proposed Rule, 91 FR 54817, FR Doc. 2026-17324 (govinfo) (August 25, 2026). The $103,265 proposal and the 9-11 fee's September 30, 2027 expiry.
- Removing Deference to Prior USCIS Determinations of Eligibility, Proposed Rule, 91 FR 65119, FR Doc. 2026-20941 (govinfo) (October 14, 2026). The proposal to end deference to prior approvals on extensions.
Frequently asked questions
Does the 9-11 fee apply to my H-1B extension if I stay with the same employer?
Yes, if your employer is a covered employer. Since September 9, 2026, employers with 50 or more US employees and more than half of them in H-1B or L-1 status must pay the $4,000 fee on H-1B extension petitions, even when there is no change of employer. Before the rule, the fee applied only when the Fraud Prevention and Detection Fee also applied, which left same-employer extensions out.
How do I know whether my employer is a covered employer for the 9-11 fee?
The test has two parts under 8 CFR 106.2(c)(8) and (9): the petitioner employs 50 or more people in the United States, and more than 50 percent of those employees, counted in the aggregate, are in H-1B, L-1A or L-1B status. DHS says it counts both full-time and part-time employees. Your employer, not you, answers this on Form I-129, so ask HR or your attorney.
Does the 9-11 fee apply to an amended H-1B or L-1 petition?
Only if the amended petition also asks to extend the worker's status. The amended regulation exempts petitioners filing an amended petition that does not seek an extension of the worker's currently authorized H-1B or L-1 status. An amended petition that includes an extension request is treated like any other extension and carries the $4,000 or $4,500 fee for a covered employer.
Is the $4,000 9-11 fee the same as the $100,000 H-1B payment?
No. The 9-11 fee comes from a 2015 statute, Public Law 114-113, and is charged only to covered employers. The $100,000 payment comes from a presidential proclamation, and federal courts in Massachusetts (June 8, 2026) and Northern California (September 30, 2026) have vacated the agency policies implementing it. A third measure, the proposed $103,265 fee for cap-subject petitions, is still only a proposal. Each one has its own rules and status.
Will the H-1B 9-11 fee still apply after September 2027?
Under current law, no. The amended regulation applies the fee to petitions filed on or before September 30, 2027, and DHS states that the statutory fee will expire on that date unless Congress extends or reauthorizes it. Congress has extended it before: the Bipartisan Budget Act of 2018 moved the original September 30, 2025 sunset to September 30, 2027.
What happens to extensions filed before September 9, 2026?
DHS said in the final rule that the fees will not apply retroactively to past or pending petitions. USCIS says Form I-129 petitions postmarked or electronically submitted on or after September 9, 2026 must include the fees the rule requires. An extension filed before that date was not subject to the new requirement, even if USCIS decided it later.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
