H-1B and L-1 Biometric Fee: What Changes in 2026
A federal rulemaking is locking in the 9-11 Biometric Fee for H-1B and L-1 petitions through at least September 2027. The fee funds the US biometric entry-exit tracking system — and missing it on a petition can get the whole filing rejected. Here is what workers and employers need to understand before the next filing.
The federal government is moving to extend and clarify the 9-11 Biometric Fee — a surcharge added to H-1B and L-1 visa petitions — through a new rulemaking that affects employers filing on behalf of foreign workers. The fee funds a biometric entry-exit tracking system that Congress has required DHS to build and maintain since 2004. Under current law, the fee's authorization runs through September 30, 2027.
Who pays and why it matters
The 9-11 Biometric Fee applies to petitions for H-1B classification (specialty occupation workers) and L-1 classification (intracompany transferees — employees moved from a foreign office to a US office). Employers, not workers, file these petitions using Form I-129. The fee is collected on top of the standard I-129 H-1B filing fee of $730. Funds go directly to Customs and Border Protection (CBP), the agency responsible for building and running the biometric entry-exit system at US ports of entry. That system checks fingerprints and other biometric data to verify identity and catch visa overstays and impostors — numbers that CBP tracks internally but does not publish publicly.
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One specific situation the rule addresses: L-1 workers who transfer between companies covered under the same "blanket L" approval. Even in that case, USCIS already treats the new petition as a change of employer, so the Biometric Fee applies. The new rule does not change that existing practice — it simply confirms it in writing. A 2020 attempt to overhaul the broader USCIS fee schedule was blocked by federal courts in California and Washington D.C., which found procedural violations. A 2024 final rule cleaned up the regulatory language, and this separate rulemaking now addresses the Biometric Fee specifically.
What to do
- If your employer is filing or extending an H-1B or L-1 petition for you, ask them to confirm they have included the 9-11 Biometric Fee — missing it can cause a rejection.
- If you are an employer or HR manager, review your petition checklist now. The fee authorization runs through September 30, 2027, so all petitions filed before that date must include it.
- If you received an H-1B or L-1 petition that was filed during 2020–2024, check with an immigration attorney to confirm your fee payments were processed correctly given the court injunctions during that period.
- Lawyers recommend keeping copies of all fee receipts with your immigration file — USCIS and CBP may request proof of payment during audits or status checks.
A full breakdown of this topic — in our guide “PERM Labor Certification”.
Fishkin Law Firm, New York
The 9-11 Biometric Fee is a mandatory add-on to H-1B and L-1 petitions — it is not optional and cannot be waived by the petitioner. If a petition was filed between 2020 and 2024, when the fee rules were in legal limbo due to court injunctions, it is worth having an attorney review the record to confirm USCIS processed the payment correctly and that no gap exists in your status. Consult an immigration attorney before filing any new or extension petition to make sure your fee package is complete.
Frequently Asked Questions
What is the 9-11 Biometric Fee and who pays it?
It is a surcharge added to H-1B and L-1 petitions (filed on Form I-129) that funds the US biometric entry-exit tracking system. The employer — not the worker — pays it as part of the petition package.
How long will this fee be in effect?
Under current law, the fee authorization runs through September 30, 2027. All H-1B and L-1 petitions filed before that date must include it.
Does the fee apply if I transfer to a new company under the same blanket L approval?
Yes. USCIS treats a transfer between companies — even under the same blanket L approval — as a change of employer. That means a new I-129S petition is required and the Biometric Fee applies.
What happens if the fee is missing from my petition?
USCIS will typically reject or deny the petition. Your employer must refile with the correct fee amount. This can delay your work authorization, so double-check the fee checklist before submitting.