Roger Tsai Discusses H-1B Executive Order With Law Week Colorado

Labor and employment partner Roger Tsai spoke with Law Week Colorado about the executive order requiring employers to pay $100,000 for each visa H-1B petition and its impact on Colorado employers.

Tsai explained the presidential proclamation is “the most unusual executive order” of his 20-year practice in immigration law. “The new size of the payment and the unusual procedure around the proclamation immediately raised questions for many of us in immigration law,” he said. Procedurally, the order bypassed the usual 60-day notice-and-comment rulemaking, seemingly in violation of the Administrative Procedure Act of 1946.

“Colorado employers in health care, academia, critical infrastructure, aerospace and technology are especially affected by the increased petition fee as employers in these fields have traditionally looked to H-1B visas to fill specialized roles,” Tsai added. 

Immigration attorneys expect an increasing number of challenges and appeals. The order “may potentially fail on the basis that the president did not provide the regulatorily required notice-and-comment period required for fee increases,” Tsai said.