Roger Tsai Shares Insights on Recent H-1B Developments With Law Week Colorado

Labor and employment partner Roger Tsai spoke with Law Week Colorado about recent developments affecting the H-1B program, including the US Department of Homeland Security’s (DHS) proposals to impose a $103,265 fee on cap-subject H-1B petitions and eliminate the current 60-day grace period.

According to Law Week Colorado, the implications of the DHS's proposed fee extend beyond whether it survives legal challenges. “The unsaid is HR is being much more thoughtful about the candidates that they put forth,” Tsai noted.

Tsai explained that universities are also closely monitoring potential changes to employment authorization programs that allow eligible international students to work after graduation, describing the developments as a “tightening of constraints on international students.”

If finalized, Tsai said he expects the new H-1B fee to face legal challenges from business groups and other stakeholders. He noted that the US Chamber of Commerce was among the organizations that challenged the earlier $100,000 payment, adding that business interests are likely to remain involved in litigation over subsequent immigration restrictions.