The Trump administration is gearing up to defend its contentious H-1B visa fee increase in federal court, following a wave of lawsuits contesting the new $100,000 levy on first-time applicants. The move has sparked criticism from companies and immigration advocates who argue it could discourage skilled foreign talent from coming to the United States.
White House Press Secretary Karoline Leavitt reaffirmed the administration’s stance on Thursday, telling reporters that “the administration will fight these lawsuits in court,” and insisting the measures are both “lawful” and “necessary,” according to ANI.
Leavitt defended the policy by framing it as a step toward safeguarding American jobs and restoring integrity to the visa system. She argued that for years, certain employers have taken advantage of the H-1B program, using it in ways that undercut wages and opportunities for U.S. workers.
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“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,” Leavitt said during a press briefing at the White House.
Leavitt’s remarks come at a time when the administration is under mounting legal pressure over the $100,000 H-1B visa fee. The U.S. Chamber of Commerce, joined by a coalition of business groups, labor unions, and faith-based organizations, has taken the issue to federal courts in California and Washington, D.C. They argue the hefty charge violates federal law and could hurt American businesses that depend on high-skilled foreign workers, according to the report.
The Chamber’s lawsuit contends that the administration’s new fee structure violates the Immigration and Nationality Act (INA), which sets clear limits on how visa charges can be determined. Under the INA, visa fees are meant to reflect only the government’s actual administrative costs for processing applications. The plaintiffs argue that imposing a $100,000 charge goes far beyond those costs and effectively rewrites immigration law without congressional approval, ANI reported.
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“The new $100,000 visa fee will make it cost-prohibitive for U.S. employers, especially startups 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 U.S.,” said Neil Bradley, Executive Vice President and Chief Policy Officer at the U.S. Chamber.
President Donald Trump approved the executive order last month, putting the new fee policy into effect on Oct. 6. The order is primarily aimed at companies that depend heavily on H-1B visa holders to fill specialized positions, roles that have traditionally attracted a large number of highly skilled foreign professionals.
The White House maintains that the new rules are designed to curb the long-standing practice of companies hiring lower-cost foreign talent instead of qualified American workers, a pattern the Trump administration has repeatedly condemned as harmful to the U.S. labor market.
“The president believes American workers deserve fair wages and job opportunities. The reforms in the H-1B system are designed to close loopholes that have allowed companies to take advantage of the program,” Leavitt added.