Fees and Penalties

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Takeaways:

  • Increased Worksite Enforcement: Businesses can expect a surge in ICE raids and I-9 audits at workplaces.
  • Impact on Sanctuary Cities: Federal agents will target sanctuary cities for immigration enforcement operations.
  • Employer Preparedness: Businesses, especially those operating in sanctuary cities, should have an action plan ready for potential ICE enforcement actions.

Tom Homan, President Donald…

Implementation of the European Travel Information and Authorization System (ETIAS) has been delayed again. Initially expected to be operational in 2022, ETIAS is now scheduled to start in the last quarter of 2026. This delay allows more time for the Entry/Exit System (EES) to be fully implemented, which is expected to become operational in October…

Following his inauguration on Jan. 20, 2025, President Trump issued a number of immigration-related Executive Orders (EOs) sure to have impact on employers and their business operations. So far, the focus in the media has been on border security, asylum, refugees, removal of undocumented aliens (deportation) and birthright citizenship. However, there are other aspects covered…

USCIS is processing naturalization cases faster than they have in years, and the agency is managing to cut down on its naturalization backlog. Given the current average timing, eligible green card holders who applied early in the summer 2024 might be sworn in in time to vote in the upcoming November elections.

Of course, field…

Customs and Border Protection (CBP) published a proposed rule that will substantially increase the fees for certain H-1B and L-1 petitions. The agency plans to clarify that the 9-11 Response and Biometric Entry-Exit Fee (9-11 Fee) applies to initial filings and to all extensions for employers with at least 50 employees of whom at least…

It is not unusual for employers to require foreign employees to sign repayment agreements that require the employee to repay some or all required immigration process costs if the employee terminates employment before the end of the contract term. Employers often use the contracts as a deterrent to employees leaving as soon as the immigration…

Good news for those applying for or with pending Employment Authorization Document (EAD) renewals. DHS is temporarily reinstituting its 540-day automatic extension of work authorization for eligible individuals.

Although DHS has streamlined its EAD process and extended EAD validity periods for certain applicants from two years to five years, the government still struggles to timely…

Many USCIS filing fees are being adjusted upward beginning on April 1, 2024. That date, of course, is particularly significant. It is the earliest date that Cap H-1Bs can be filed.

The H-1B filing fee, for example, will rise from $460 to $780. The ACWIA Fee (to fund the training of U.S. workers) and the…