U.S. Immigration Alerts

DHS Proposes Expansion of 9-11 Response and Biometric Entry-Exit Fee

• The Department of Homeland Security has released a Notice of Proposed Rulemaking (NPRM) to amend and clarify the regulations concerning the 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 visas.
• Congress established the 9-11 Response and Biometric Entry-Exit Fee in December 2015 for certain H-1B and L-1 petitions based on the statutory language in Public Law 114-113. The fee is set at $4,000 for H-1B and $4,500 for L-1 petitions for companies with fifty or more workers in the U.S. with half of these employees in H or L status.
• The proposed regulatory changes would modify DHS’s interpretation of ambiguous statutory language to require that covered employers submit the 9-11 Response and Biometric Entry-Exit Fee for all extension-of-stay petitions, regardless of whether a Fraud Fee applies, so as to include extension-of-stay petitions that do not involve a change of employer. Obviously, if this modification is adopted, U.S. employers that are subject to this rule will need to pay significantly more in filing fees over the course of the H or L nonimmigrants employment, so they will need to budget accordingly.
• The fee applies to petitioners filing an H-1B or L-1 petition with fifty (50) or more employees in the U.S. and with more than 50 percent of their employees being in H-1B or L-1 status. DHS also proposes to clarify the method by which it determines whether a petitioner is a covered employer.
• Under the proposed regulations, covered petitioners filing an H-1B or L-1 amended petition that does not include an extension-of-stay request would not be required to submit the 9-11 Response and Biometric Entry-Exit Fee.
• The NPRM was issued in the Federal Register on June 6, 2024: Federal Register :: 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas. DHS will accept comments until July 8, 2024. Comments must be sent via the Federal eRulemaking Portal (http://www.regulations.gov).

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or 248.643.4900 for guidance if you have specific questions.