The Department of Homeland Security (DHS) is proposing a new rule to expand the 9-11 Response Fee to include H-1B and L-1 visa renewals. Right now, this fee is only required for two types of employers:

• U.S. employers with more than 50 employees who have H-1B or L-1 visas and work in the U.S.
• Employers where more than 50% of their employees have H-1B or L-1 visas.

The additional fee is $4,000 for H-1B visas and $4,500 for L-1 visas. Currently, this fee is only required when the Fraud Prevention and Detection fee is also required. This happens when a foreign national is first granted an H-1B or L-1 visa or when the H-1B or L-1 foreign national changes employers, or requests to extend their stay.

The new rule proposes to require the 9-11 Response Fee even when the Fraud Prevention and Detection fee is not required. This means the 9-11 fee would be required when filing an extension of stay petition for required employers. However, if an employer files an amended petition without an extension of stay, the 9-11 fee would not be required.

The 9-11 Response Fee was first created to fund the biometric entry and exit requirement to address national security concerns. This fee is set to end on September 30, 2027, unless extended. The proposed rule does not change this end date. If it passes, the expanded fee requirement will apply to qualifying petitions filed before that date.

The proposed rule will be published in the Federal Register on June 6, 2024, followed by a 30-day public comment period. After that, the Office of Management and Budget will decide whether to approve the rule.

We are keeping a close watch on the changes to U.S. immigration policy. If you have questions about the H-1B or L-1 visa, or any other immigration issues, feel free to contact us. Our team of experienced attorneys works with our clients every step of the way to help ensure successful outcomes.