The US Department of Homeland Security (DHS) has finalised a rule expanding the circumstances in which certain employers must pay the existing 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 workers. The final rule was published on August 10, 2026, and is scheduled to take effect on September 9.

The requirement applies to employers with at least 50 employees in the United States where more than 50% of their workforce holds H-1B, L-1A or L-1B status. This means the rule does not apply to every company employing H-1B or L-1 workers.

The rule also should not be confused with the separate $100,000 H-1B measure. The $4,000 H-1B and $4,500 L-1 charges are part of an existing statutory fee, and this latest rule changes when that fee is collected rather than creating those amounts for the first time.