The Trump administration is set to defend its controversial $100,000 fee on new H-1B visa applications in federal court, as multiple lawsuits challenge the policy. The White House says the fee is necessary to protect American workers and address widespread fraud in the visa system.
Press Secretary Karoline Leavitt told reporters on Thursday that the H-1B system has been spammed with fraud, which she said has contributed to suppressed wages for US. workers. She emphasized that the fee increase is lawful and designed to refine the system and strengthen protections for domestic employees. The administration will fight these lawsuits in court, with the president prioritizing American workers.
The lawsuits, filed in federal courts in California and Washington, D.C., involve the US Chamber of Commerce, several unions, employers, and religious organizations. Plaintiffs argue that the fee violates the Immigration and Nationality Act, which mandates that visa fees reflect the government’s actual processing costs. Critics warn that the fee could disproportionately affect small and medium-sized businesses, especially in the tech and outsourcing sectors, making it cost-prohibitive to hire skilled foreign talent.
Neil Bradley, Executive Vice President of the US Chamber of Commerce, said the new $100,000 visa fee will make it extremely difficult for U.S. employers, especially start-ups and midsize businesses, to access the global talent they need to grow. Immigration attorney Charles Kuck also noted that no president has the authority to create new taxes, and this fee is likely to be struck down.
The H-1B program allows U.S. employers to hire skilled foreign workers in specialized fields, offering 65,000 visas annually, with an additional 20,000 reserved for individuals with advanced degrees. India remains the largest beneficiary, accounting for 71% of approved visas last year.
As these legal battles unfold, the outcome could significantly impact the future of the H-1B program and broader U.S. immigration policy, shaping how American companies access foreign talent in the years to come.
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