HB Ad Slot
HB Mobile Ad Slot
United States | DHS Proposes Regulation Expanding Application of 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas
Thursday, June 6, 2024

The Department of Homeland Security published a proposed regulation today to amend and clarify regulations on the 9-11 Response and Biometric Entry-Exit Fee (9-11 Biometric Fee) for H-1B and L-1 visas. The 9-11 Biometric Fee only applies to petitioning employers with 50 or more employees, with more than 50% of employees in the U.S. in H-1B or L-1 nonimmigrant status.

Key Points:

  • The proposed regulatory changes would codify the agency’s interpretation of ambiguous statutory language to require:
    • Covered employers submit the 9-11 Biometric Fee for all extension-of-stay petitions, including those that do not involve a change of employer.
    • The 9-11 Biometric Fee be submitted for these petitions regardless of whether a Fraud Fee applies.
  • The 9-11 Biometric Fee would continue to apply unchanged to petitions seeking an initial grant of status or change of employer.
  • Public comments must be received by July 8 and can be submitted here.

Additional Information: DHS states in the proposed regulation that these changes will help DHS comply with its congressional mandate to implement a biometric entry-exit data system. The proposed regulation can be read here in its entirety.

BAL Analysis: Any changes to fee requirements for covered employers would not take effect until after DHS considers the comments it receives and issues a final regulation. This fee only applies to companies with 50 or more employees, with more than 50% of employees in the U.S. in H-1B or L-1 status. Currently, on top of other filing fees, covered employers pay $4,000 extra for each H-1B petition and $4,500 extra for each L-1 (for initial petitions and change-of-employer petitions), but not extensions of stay with the same employer.

HB Ad Slot
HB Ad Slot
HB Mobile Ad Slot
HB Ad Slot
HB Mobile Ad Slot
HB Ad Slot
HB Mobile Ad Slot
 

NLR Logo

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up to receive our free e-Newsbulletins

 

Sign Up for e-NewsBulletins