The Trump administration is preparing to defend its new H-1B visa policy in court, facing multiple lawsuits over the controversial $100,000 fee imposed on new visa applicants. White House Press Secretary Karoline Leavitt stated that the administration will vigorously contest these legal challenges, asserting that the H-1B system has been misused for years, which has negatively impacted American wages.
Leavitt emphasized, "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."
The US Chamber of Commerce has filed a lawsuit against the new fee, claiming it is unlawful and violates the Immigration and Nationality Act, which mandates that visa fees reflect the actual costs of processing applications. Neil Bradley, Executive Vice President and Chief Policy Officer at the Chamber, warned that the high fee could deter start-ups and small businesses from utilizing the H-1B program, which was designed to help American companies access global talent. He stated, "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."
In addition to the Chamber, various unions, employers, and religious organizations have filed lawsuits in federal courts in California and Washington, DC, arguing that the fee is harmful to US industries. A coalition of these groups has described the fee as "arbitrary and capricious."
The new fee is expected to significantly impact the technology sector, particularly affecting Indian IT professionals, who represent the largest group of H-1B visa recipients. Currently, H-1B processing costs are only a few thousand dollars, making the new fee a substantial increase. Companies will need to pay this fee alongside existing vetting charges, with the administration yet to decide whether to collect the full amount upfront or on an annual basis. Major tech companies like Amazon, Microsoft, and Google are anticipated to be among those affected by this policy change.

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