New 9-11 Biometric Fee Rule and a New Form I-129 Edition Took Effect Sept. 9, 2026

Two changes for employers filing H-1B and L-1 petitions landed on the same day, and both are in effect now. First, the fee. A DHS final rule, "9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas," 91 FR 51360 (Aug. 10, 2026), took effect Sept. 9, 2026 and amended 8 CFR part 106. The fee is not new and the amounts did not change — $4,000 on an H-1B petition, $4,500 on an L-1 petition — but which petitions it reaches did. It applies only to a petitioner that employs 50 or more employees in the United States where more than 50 percent of those employees, in the aggregate, are in H-1B, L-1A, or L-1B status. For an employer that meets that test, the regulation now reaches essentially every H-1B and L-1 petition, including a straight extension with the same employer; the only carve-out left is an amended petition that does not seek an extension of the worker's currently authorized status. Before the rule, DHS collected the fee only where the Fraud Prevention and Detection Fee also applied — broadly, initial petitions and change-of-employer petitions. The regulation also states the fee applies to petitions filed on or before Sept. 30, 2027. Second, the form. USCIS issued a new edition of Form I-129 dated 09/09/26 and a new Form G-1055 fee schedule dated 09/09/26. USCIS will accept the prior 02/27/26 I-129 edition only if it is postmarked or electronically submitted before Nov. 9, 2026, and will reject it on or after that date. Employment petitions are not our core practice area, but edition dates and fee totals are exactly what gets a filing rejected: check the date printed on the form against uscis.gov/i-129 immediately before you send it, and confirm the total against the current G-1055 rather than an older worksheet.