The Department of Homeland Security (DHS) has issued a proposed regulation that amends and clarifies 9-11 Response and Biometric Entry-Exit Fees for H-1B and L-1 visas.
What is the H-1B and L-1 9-11 Response and Entry-Exit Fee?
The 9-11 Response and Entry-Exit Fee applies to employers petitioning for an H-1B or L-1 visa who employ 50 or more employees and whose employee population is more than 50% H-1B or L-1 visa holders. Presently, for initial and change of employer petitions, these employers pay an additional $4,000 fee for H-1B and $4,500 for L-1. The purpose of the fee is to fund biometric entry and exit programs to prevent visa fraud and enhance national security.
What are the Proposed Changes?
The proposed regulation would clarify the agency’s interpretation of ambiguous language and expand the application of the fee to petitions requesting extensions of stay. Specifically, new requirements would include:
- All covered employers must submit a 9-11 Biometric Fee for all extension-of-stay petitions, even those without a change of employer
- The 9-11 Biometric Fee must be submitted for all petitions even if a Fraud Fee does not apply
- The 9-11 Biometric Fee would apply unchanged to petitions seeking a change of employer or initial grant of status
Updates to Fee Requirements
DHS also notes that any changes to fee requirements would not take effect unless a final regulation is issued. Any change in fee requirement would only apply to companies with 50 or more employees whose employee population is also more than 50% H-1B or L-1 visa holders.
The proposed regulations will be open for public comment until July 8, 2024. Comments may be submitted through the Federal Register.
Envoy is pleased to provide you with this information, which was prepared in collaboration with Anne Walsh, Partner, at Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”).
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm
