I-9 and E-Verify

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  • Massachusetts employers must provide written notice to all employees within 48 hours of receiving an ICE Notice of Inspection or request to review I-9 forms and other employment records, unless federal law requires otherwise.
  • The requirement went into effect on 08.05.26, as part of Massachusetts’ PROTECT Act of 2026, with no phase-in period.
  • Employers
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Takeaways

  • New joint FinCEN advisory identifies payroll, tax, and labor-contractor practices that may be associated with unauthorized employment and related fraud.
  • Employers using staffing companies and labor contractors should evaluate those relationships in light of the advisory’s red-flag indicators.
  • The advisory particularly emphasizes agriculture, construction, domestic service, hospitality, and staffing.

Article

The Financial Crimes Enforcement…

On Aug. 6, 2026, DHS submitted a proposed rule, “Eliminating the Discretionary 60-day Grace Period,” to the Office of Management and Budget (OMB) that seeks to eliminate the 60-day grace period available to H-1B workers and certain other employment-based visa holders following a job loss. The full regulatory text has not yet been released publicly.

On Aug. 5, 2026, the U.S. District Court for the District of Massachusetts denied plaintiffs’ request to stay USCIS’s implementation of the One Big Beautiful Bill Act’s (H.R. 1) limits on TPS-based employment authorization documents (EADs), while granting limited relief related to the new Annual Asylum Fee (AAF). Venezuelan Association of Massachusetts et al. v.

On Aug. 5, 2026, the U.S. District Court for the District of Columbia confirmed that its prior order staying the termination of Haiti’s Temporary Protected Status (TPS) designation is no longer in effect following action by the U.S. Supreme Court and the U.S. Court of Appeals for the D.C. Circuit. As a result, the court-ordered…

Federal immigration authorities reportedly are using domestic air travel information to locate and arrest noncitizens suspected of overstaying their authorized periods of admission.

Authorities have made at least 27 arrests of noncitizens suspected of overstay at airports in at least nine states across the country, from California to Virginia, according to an ABC News report.

The Department of Homeland Security has published a final rule replacing the long-standing “duration of status” (D/S) framework for F-1 academic students and J-1 exchange visitors with fixed periods of admission. Effective Sept. 15, 2026, the rule also establishes a new extension of stay process administered by USCIS for individuals who need additional time to…

  • Federal courts have temporarily blocked or postponed TPS terminations for, Burma (Myanmar), Ethiopia, Somalia, South Sudan, Syria and Yemen that were scheduled to end between November 2025 and May 2026.
  • TPS beneficiaries from these countries retain legal status and work authorization, for now.
  • Employers should review affected Form I-9s and complete Supplement B reverification,
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  • Colorado’s new HB26-1283 prohibits employers from confiscating or improperly retaining government-issued identification documents, subject to limited statutory exceptions.
  • The law does not change employers’ federal Form I-9 obligations, but it does require Colorado employers to provide a written notice and obtain a written acknowledgement during the I-9 process.
  • Employers should review onboarding, I-9, and
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  • USCIS and E-Verify have issued updated employer guidance for TPS beneficiaries from Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria and Yemen.
  • For all seven countries, employers should use July 10, 2026, as the current date for Form I-9 and E-Verify purposes.
  • Employers should not assume July 10 marks the automatic end of TPS-based employment
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