US Immigration Seeks to Impose Biometric Fees on H-1B and L-1 Visa Renewals

The Department of Homeland Security (DHS) is considering a revision to the fees associated with H-1B and L-1 visa extensions.

Through a proposed rule, the agency aims to broaden the application of the 9-11 Response and Biometric Entry-Exit Fee (9-11 Biometric Fee) to encompass all extension-of-stay petitions for these visa categories, rather than limiting it to specific petitions as is currently the case. This potential change would have far-reaching implications for companies with a sizable presence in the United States, particularly those with more than 50 employees where over half of the workforce holds H-1B or L-1 visas. If the proposal is adopted, these "covered employers" would be obligated to pay the 9-11 Biometric Fee for all H-1B and L-1 visa extension requests, even in instances where the employee is not changing employers.

The H-1B visa program allows foreign workers with specialized skills or knowledge in fields such as technology, engineering, and healthcare to work in the United States, while the L-1 visa category facilitates the transfer of certain foreign employees with specialized knowledge or managerial roles to the US branches of their companies. The 9-11 Biometric Fee, established in 2015, serves as a funding mechanism for biometric entry-exit programs designed to enhance security, prevent visa fraud, and safeguard against terrorism.

In an effort to fortify border security and combat visa fraud, the government has implemented biometric tracking programs that involve collecting fingerprints, facial scans, and other biometric data from individuals entering and exiting the United States. To finance these initiatives, a fee has been introduced for certain visa petitions. Specifically, H-1B petitions will incur a fee of $4,000, while L-1 petitions will be subject to a $4,500 charge. These collected funds will contribute 50% of their total, up to $1 billion, to the 9-11 Biometric Account.

According to the Department of Homeland Security, this proposed rule aims to clarify existing regulations and ensure the full collection of fees from all covered employers, as intended by Congress. This measure is expected to provide the necessary resources to maintain and improve the mandated biometric entry-exit system thereby strengthening border security and combating visa fraud. The public is currently invited to submit comments on this proposal until July 8, 2024.