Fees and Penalties

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The Department of Homeland Security (DHS) is expected to publish a proposed rule on Aug. 25, 2026, in the Federal Register that would impose a new $103,265 fee on all cap subject H-1B visa petitions. This new proposal would be in addition to existing H-1B filing fees. Employers who rely on the H-1B program to…

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.

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The Financial Crimes Enforcement…

In a final rule released Aug. 10, 2026, the Department of Homeland Security (DHS) announced that employers with at least 50 U.S. employees, with more than half of whom holding H-1B, L-1A or L-1B status, must pay the Biometric Fee, $4,000 for an H-1B petition or $4,500 for an L-1 petition, for all extension-of-status petitions.

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.

  • 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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  • The U.S. Supreme Court reversed preliminary injunctions preventing DHS from implementing the termination of Temporary Protected Status (TPS) for Haiti and Syria.
  • The Court held that the TPS statute bars judicial review of most nonconstitutional challenges to TPS designation and termination decisions.
  • However, the decision itself does not terminate employment authorization or establish new
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  • A federal district court has struck down the $100,000 fee the Trump Administration imposed on certain H-1B petitions.
  • The court ruling could allow affected beneficiaries of approved H-1B petitions obtain visas and travel to the U.S. without having to pay the exorbitant fee.
  • The government is expected to consider appellate options, and employers should
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Immigration and Customs Enforcement (ICE) has updated its Form I‑9 Inspection guidance, changing how the agency classifies certain Form I‑9 errors during employer audits.

Although the underlying Form I‑9 requirements remain the same, several errors that were considered “technical or procedural” are now treated as “substantive,” which may result in penalties without an opportunity…

Ohio’s new employment verification law, the ‘E-Verify Workforce Integrity Act’ (House Bill 246), will require many construction employers in the state to use the federal E-Verify system when hiring. The law, signed in December 2025, is set to take effect on March 19, 2026.

Under the new law, nonresidential construction contractors, subcontractors, and labor brokers…