EOR & Compliance Digest, August 6: H-1B Fee Vacated Again as Canada and Australia Reset Employer Costs

Three countries, three different cost signals this week. In the United States, the H-1B fee vacated ruling means USCIS still cannot collect the $100,000 charge on new H-1B petitions. At least not yet. Meanwhile, Canada has tightened the pipeline for employer-sponsored work permits, and Australia’s award wages jumped for anyone with hourly staff there. None of this is optional reading if you sponsor visas or run payroll outside the US.

H-1B Fee Vacated Again: First Circuit Won’t Reopen the $100,000 Question

What the Ruling Changes

A proclamation from the Trump administration in late 2025 tried to attach a $100,000 payment to new H-1B petitions. A federal district court vacated that fee earlier this year. The government appealed and asked the First Circuit to pause the vacatur while the appeal moved forward. On July 24, 2026, the First Circuit said no. It denied the stay request, so the district court’s order blocking the fee stays in force. (Source: Greenberg Traurig, Inside Business Immigration)

In practical terms, USCIS cannot currently collect the $100,000 fee. The H-1B entry restrictions tied to the same proclamation are not enforceable either. Employers are back to the standard H-1B filing fee structure, which runs around $3,380 in mandatory government fees for most sponsors. Say you run a 30-person startup with two engineers on H-1B status. You should not be pricing that $100,000 line item into this year’s headcount plan. But the litigation is not finished. The government can still ask the Supreme Court for emergency relief, and the appeal on the merits is ongoing.

How the H-1B Fee Vacated Ruling Plays Out From Here

Watch for updated USCIS filing guidance in the coming days. The agency will likely need to formally reflect the First Circuit’s decision. Until then, keep filing H-1B petitions under the current fee schedule. Did you delay a sponsorship decision because of the proposed fee? This is the moment to revisit it with immigration counsel, not to assume the story is closed. Explore Asanify’s United States employment law guide for a fuller compliance picture. Our USA work permit and visa requirements guide is worth a read before your next filing.

Canada Cuts Temporary Foreign Worker Slots to 60,000 for 2026

Canada’s 2026-2028 Immigration Levels Plan sets the Temporary Foreign Worker Program target at 60,000 admissions for 2026. That’s down sharply from 82,000. At the same time, the International Mobility Program, the collection of LMIA-exempt streams that includes intra-company transfers and treaty-based work permits, gets a bigger allocation: 170,000. (Source: Immigration, Refugees and Citizenship Canada)

Have you been routing Canadian hires through standard LMIA-backed work permits? That lane just got narrower for the rest of the year. Take a company placing a five-person engineering pod in Toronto. It should check whether those roles qualify for an LMIA-exempt category instead, because IMP has more room to move. The practical fix: lean on intra-company transfers, CUSMA professional categories, or other exempt streams wherever your roles genuinely qualify. If an LMIA application is already in process, confirm the timeline with your immigration provider now. Approvals in the smaller TFWP pool will likely take longer. It is a smaller story than the H-1B fee vacated fight south of the border, but it changes real hiring plans just the same. Asanify’s Canada how-to-hire guide and our Canada work permit and visa guide both walk through the current options.

Australia’s Minimum Wage Crosses A$26 an Hour

The Fair Work Commission’s 2026 Annual Wage Review lifted the National Minimum Wage 6% to A$26.44 an hour, or about A$1,004.90 a week. That’s the first time it has broken A$1,000. Modern award minimum rates rose 4.75%, effective from the first full pay period on or after July 1, 2026. The decision also started a three-stage phase-out of the C13 wage classification. (Source: SmartCompany)

Unlike the H-1B fee vacated story, this one is not moving again soon. It landed over a month ago. So if you employ hourly or award-covered staff in retail, hospitality, or entry-level support roles in Australia, you should already be paying the new rates. If you are not, you are behind. Confirm your payroll provider or EOR backdated the increase to July 1. And if anyone on your team sits in the C13 classification, check which phase-out stage applies to them before your next pay run. Asanify’s Australia payroll compliance guide covers the award system in more detail.

Quick Hits

The H-1B fee vacated ruling and the Canada and Australia stories are the headline items. Two smaller updates are worth a scan too.

• Connecticut, United States: The state’s new warehouse quota notice law took effect July 1, 2026. Covered employers, 250 or more workers at one warehouse distribution center, or 1,000 or more statewide, had to give current employees written quota notices by August 1. First violations carry a $1,000 fine. (Source: Littler Mendelson) See Asanify’s United States payroll guide for related recordkeeping duties.
• Singapore: MOM confirmed the Employment Pass minimum qualifying salary will rise from S$5,600 to S$6,000 (S$6,600 for financial services). The increase applies to new applications from January 2027 and renewals from January 2028. S Pass minimums move from S$3,300 to S$3,600 on the same schedule. (Source: Ministry of Manpower, Singapore) Details are in our Singapore employment law guide.

Action Items This Week

If you sponsor H-1B workers: file under the standard fee schedule while the H-1B fee vacated ruling holds. But do not treat it as final. Ask counsel to flag any Supreme Court emergency filing the moment it happens.

If you hire in Canada through LMIA-backed permits: reassess whether upcoming roles qualify for an LMIA-exempt IMP category instead. Build extra lead time into any TFWP applications already underway.

If you have hourly or award-covered staff in Australia: verify your July 1 wage increase was applied correctly. Check C13 classification status for affected employees before this week’s payroll runs.

What This Means for Global Hiring Plans

None of these three stories are permanent. The H-1B fee vacated decision could still be reversed on appeal. Canada’s levels plan gets revisited annually, and Australia’s award system adjusts again next July. Still, each one changes a real number on a real payroll run this month. Juggling three countries’ worth of shifting visa fees and wage floors can start to feel like a full-time job on top of your actual job. Asanify’s Global HRMS handles multi-country payroll, compliance tracking, and EOR support in one place. Worth a look before your next international hire.

FAQ

Is the H-1B fee vacated for good, or could it come back?
Not for good. The First Circuit’s July 24 ruling only means the fee cannot be collected while the case continues. The government can still seek Supreme Court review. The underlying appeal on the merits is unresolved, so employers should treat this as a pause, not a final outcome.

Do I need to redo my H-1B budget for this fiscal year?
For now, plan around the standard H-1B filing costs, roughly $3,380 in mandatory government fees for most employers. Keep a contingency note in your budget in case the fee comes back later this year.

What’s the fastest way to hire in Canada if TFWP slots are tight?
Check whether the role qualifies for an LMIA-exempt category under the International Mobility Program, such as an intra-company transfer or a treaty-based work permit. These do not draw from the smaller 60,000-slot TFWP pool for 2026.

Does the Australian wage increase apply to salaried employees too?
The 6% National Minimum Wage increase and the 4.75% award increase apply to minimum-wage and award-reliant workers. Employees on registered agreements or above-award salaries are not automatically affected. Still, it is worth checking your pay structures against the new award floors.

Not to be considered as tax, legal, financial or HR advice. Regulations change over time so please consult a lawyer, accountant  or Labour Law  expert for specific guidance.