The Trump administration is gearing up to defend its controversial H-1B visa policy in court after facing multiple lawsuits over the new $100,000 fee imposed on applicants.
White House Press Secretary Karoline Leavitt on Thursday (local time) said the administration would vigorously contest the legal challenges, asserting that the visa system has long been abused and that the new measure is meant to safeguard American jobs.
“The administration will fight these lawsuits in court. The president’s top priority is putting American workers first and strengthening our visa system. For far too long, the H-1B program has been spammed with fraud, driving down American wages. These actions are lawful, necessary, and part of our effort to fix the system,” Leavitt said at a White House briefing.
Her remarks came shortly after the US Chamber of Commerce filed a lawsuit challenging the policy, arguing that the hefty visa fee violates federal immigration laws. Several other organisations — including unions, employers, and religious groups — have also sued in federal courts in California and Washington, DC, contending that the rule breaches the Immigration and Nationality Act, which mandates that visa fees reflect the actual cost of processing applications.
Neil Bradley, Executive Vice President and Chief Policy Officer at the Chamber, said the new rule would make it “cost-prohibitive” for small and midsize companies to use the H-1B program — originally designed to help US firms access global talent.
“This $100,000 fee will particularly hurt start-ups and small businesses. The H-1B program was meant to allow employers of all sizes to recruit the skilled workers needed for growth,” Bradley said.
While acknowledging President Trump’s broader pro-business policies — including tax reforms and deregulation — Bradley warned that the new visa fee could undermine job creation.
A coalition of unions, educators, and religious organisations has filed a separate suit, calling the rule “arbitrary and capricious.”
The H-1B visa program, which enables US firms to employ highly skilled foreign workers, is a cornerstone of the tech industry. The proposed $100,000 annual fee represents a massive leap from current processing costs, typically just a few thousand dollars. Companies will also continue to pay additional vetting charges, with the administration still weighing whether to collect the amount upfront or yearly.
Industry groups warn that the sharp fee hike could push companies — including major players like Amazon, Microsoft, and Google — to scale back or abandon their use of H-1B visas, a move that would particularly affect Indian IT professionals, who make up the largest share of recipients.
