The Trump administration is gearing up to defend its new H-1B visa policy in court, amidst multiple lawsuits challenging the $100,000 fee imposed on new visa applicants.
White House Press Secretary Karoline Leavitt on Thursday (local time) claimed that the H-1B system has been exploited, driving down American wages. She asserted that the policy aims to prioritise American workers and curb fraud in the H-1B system.
"The administration will fight these lawsuits in court. The president's main priority has always been to put American workers first and to strengthen our visa system. For far too long, the H-1B visa system has been spammed with fraud, and that's driven down American wages. So the president wants to refine this system, which is part of the reason he implemented these new policies. These actions are lawful, they are necessary, and we'll continue to fight this battle in court," Leavitt told presspersons at the White House press briefing.
Leavitt's comments come amid the US Chamber of Commerce filing a legal challenge to the administration's $100,000 fee on H-1B visa petitions. Meanwhile, unions, employers, and religious groups have filed lawsuits in California and Washington, DC, federal courts, arguing the fee is unlawful and harms US industries.
The Chamber's litigation argues that the new fee is unlawful because it overrides provisions of the Immigration and Nationality Act that govern the H-1B program, including the requirement that fees be based on the costs incurred by the government in processing visas, according to an official statement by the CoC.
"The new $100,000 visa fee will make it cost-prohibitive for US employers, especially start-ups and small and midsize businesses, to utilize the H-1B program, which Congress created expressly to ensure that American businesses of all sizes can access the global talent they need to grow their operations here in the US," said Neil Bradley, Executive Vice President and Chief Policy Officer at the US Chamber.
"President Trump has embarked on an ambitious agenda of securing permanent pro-growth tax reforms, unleashing American energy, and unravelling the overregulation that has stifled growth. The Chamber and our members have actively backed these proposals to attract more investment in America. To support this growth, our economy will require more workers, not fewer," his statement added.
Notably, a coalition of unions, educators, religious groups and other organisations also filed the first major lawsuit against the imposed visa fees, calling it "arbitrary and capricious."
The H1B visa allows companies to hire skilled foreign workers. The increased fees are set to affect the IT sector, particularly Indian IT professionals, who comprise the largest group receiving H-1 B visas.
The new USD 100,000 annual fee represents a significant increase from current H-1B processing costs, which typically amount to a few thousand dollars. Companies will pay this fee in addition to existing vetting charges, with the administration still determining whether to collect the full amount upfront or on an annual basis.
The US Chamber of Commerce warns the fee will force businesses to scale back or abandon the H-1B program. Tech giants like Amazon, Microsoft, and Google are expected to be affected.
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