CBP Notice of Proposed Rulemaking on 9–11 Response and Biometric EntryExit Fee for H–1B and L–1 Visas

CBP notice of proposed rulemaking to amend and clarify the regulations concerning the 9-11 Response & Biometric Entry-Exit Fee for H-1B and L-1 Visas to clarify DHS’s interpretation of ambiguous statutory language to require that covered employers submit the fee. Comments due by 7/8/24. (89 FR 48339, 6/6/24)

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

8 CFR Part 106

[Docket No. USCBP–2024–0009]

RIN 1651–AB48

9–11 Response and Biometric EntryExit Fee for H–1B and L–1 Visas

AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.

ACTION: Notice of proposed rulemaking.

Summary: The Department of Homeland Security (DHS) proposes to amend and clarify the regulations concerning the 9–11 Response & Biometric Entry-Exit Fee for H–1B and L–1 Visas (9–11 Biometric Fee). The proposed regulatory changes would clarify DHS’s interpretation of ambiguous statutory language to require that covered employers submit the 9–11 Biometric 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. The 9–11 Biometric Fee would continue to apply unchanged to petitions seeking an initial grant of status. The proposed changes will also help DHS comply with its congressional mandate to implement a biometric entry-exit data system.