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Key Points

  • DHS has issued a proposed regulation for 9-11 Response and Biometric Entry-Exit fees for H-1B and L-1 visas
  • The proposed regulations update and clarify existing language
  • DHS will accept public comments through July 8, 2024
  • Any fee requirement changes will only apply if DHS issues a final rule


The Department of Homeland Security (DHS) has issued a proposed regulation amending and clarifying 9-11 Response and Biometric Entry-Exit Fees for H-1B and L-1 status holders.

The proposed regulation would clarify the agency’s interpretation of ambiguous language. 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 request for 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

Changes to Fee Requirements

DHS also notes that any changes to fee requirements would only take effect once or if a final regulation is issued. Any change in fee requirement would only apply to companies with 50 or more employees.

The proposed regulations will be open for public comment until July 8, 2024. Comments may be submitted through the Federal Register.

Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Frank Fogelbach, Supervising Attorney, Corporate Immigration Partners
Source: Federal Register

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