The Department of Homeland Security (DHS) is proposing a new rule that expands the 9-11 Response Fee requirement to include H-1B and L-1 renewal petitions. Currently, the fee is required for two employer types. The first are U.S. employers with over 50 employees who hold H-1B or L-1 visas and work in the U.S. The second are employers with more than 50 percent of their employees holding H-1B or L-1 nonimmigrant visas. The additional fee, $4,000 for H-1B, $4,500 for L-1, is only required when a Fraud Prevention and Detection fee is required. The Fraud fee is required when the initial H-1B or L-1 status is granted to a foreign national or when the H-1B or L-1 foreign national changes employers or requests an extension of status.
An expanded set of circumstances, without regard to the Fraud fee requirement, is being proposed. The 9-11 fee would also be required when filing an extension of stay petition for required employers. Petitions who file an amended petition, without an extension of stay, would not require the 9-11 fee.
The 9-11 Response fee was originally established to fund the biometric entry and exit requirement addressing national security concerns. Currently, the fee is scheduled to end on September 30, 2027, unless extended. Under the proposed rule, there is no change to the ending date. As such, if the final rule is passed, the expanded requirement will apply to qualifying petitions filed before that date.
The proposed rule will be published to the Federal Register on June 6, 2024. A 30-day public comment period is required once published. At the end of that time, the Office of Management and Budget will determine if the rule is approved
As always, ILBSG actively monitors ongoing updates to U.S. immigration policy. If you have questions about the H-1B or L-1 visa, or any other immigration matter, contact us at any time. Our team of experienced attorneys work directly with companies of all sizes and individuals to maximize the odds of a successful outcome.