WASHINGTON, DC— The Trump administration is preparing to defend its controversial new H-1B visa policy in federal court, following a wave of lawsuits challenging the $100,000 fee imposed on new visa applicants. The administration maintains that the fee hike is a necessary measure to protect American jobs and restore integrity to the skilled worker program.
White House Press Secretary Karoline Leavitt, speaking to reporters on October 23, confirmed the administration’s stance. “The administration will fight these lawsuits in court,” Leavitt asserted.
Leavitt said that the H-1B program has been extensively abused, arguing, “For far too long, the H-1B visa system has been spammed with fraud, and that’s driven down American wages.” She clarified that the new policies are intended to address these systemic issues, stating that the President “wants to refine this system, which is part of the reason he implemented these new policies.”
The White House spokesperson concluded her defense by underscoring the legal standing of the administration’s action. “These actions are lawful, they are necessary, and we’ll continue to fight this battle in court,” she affirmed.
Leavitt’s comments come amid significant pushback from the business and education sectors. The U.S. Chamber of Commerce filed a high-profile legal challenge against the administration’s directive.
The Chamber argues that the new $100,000 fee is plainly unlawful because it overrides the requirements of the Immigration and Nationality Act. Specifically, the litigation asserts that the fee structure is illegal because the INA dictates that such charges must be based on the government’s actual costs incurred in processing visas, a benchmark the six-figure fee drastically exceeds.
In addition to the Chamber’s filing, a broad coalition of unions, employers, educators, and religious groups has filed separate lawsuits in federal courts across Washington, D.C. and California. These groups contend the fee is both “arbitrary and capricious” and will ultimately harm critical U.S. industries that rely on high-skilled foreign talent, including the tech sector, which sees companies like Amazon, Microsoft, and Google heavily utilize the H-1B program.
The U.S. Chamber of Commerce has warned that the steep fee will make it cost-prohibitive for many U.S. employers—especially small and midsize businesses—to hire global talent, potentially forcing companies to scale back or abandon the H-1B program entirely.
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