'H-1B visa system spammed with fraud': White House backs Trump's fee hike

The White House has defended Donald Trump's $100,000 H-1B visa fee hike, calling it a move to protect American workers as lawsuits challenge its legality

The White House has thrown its weight behind Donald Trump’s controversial decision to raise the H-1B visa fee to $100,000, saying the move is intended to protect American workers and curb “fraud” in the system.

 

In a media briefing on Thursday, press secretary Karoline Leavitt said the administration stood firmly by the president’s policy. “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,” said Leavitt.

 

“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,” she added.

 

Lawsuits challenge fee as unlawful and harmful to US industries

 

The press secretary’s comments come after the US Chamber of Commerce filed a legal challenge to the Trump administration’s decision to raise the H-1B visa fee to $100,000. Along with the Chamber, several unions, employers, and religious groups have also filed lawsuits in federal courts in California and Washington DC, arguing that the fee hike is unlawful and harms US industries.

 

In its official statement, the Chamber said the new fee overrides provisions of the Immigration and Nationality Act, which govern the H-1B programme and require that fees be based on the government’s processing costs.

 

Chamber of Commerce calls fee a ‘barrier’ for small and mid-size firms

 

“The new $100,000 visa fee will make it cost-prohibitive for US employers, especially start-ups and small and midsize businesses, to utilise the H-1B programme, 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,” he added.

 

Trump administration says move will protect American workers

 

Defending the administration’s decision, Leavitt said the move reflects the president’s commitment to American jobs. “For far too long, the H-1B visa system has been spammed with fraud, and that’s driven down American wages,” she said.

 

Legal experts say visa fees are meant for costs, not to restrict access

 

“No president has the authority to create new taxes. The $100,000 H-1B tax will be struck down,” said American immigration attorney Charles Kuck on X.

 

Kuck earlier told Business Standard that visa fees are meant to cover administrative costs, not act as financial barriers.

 

H-1B programme overview and how India remains top beneficiary

 

The H-1B visa allows US employers to hire skilled foreign workers in specialised fields. The programme offers 65,000 visas each year, with an additional 20,000 reserved for individuals holding advanced degrees.

 

India remains the biggest beneficiary of the H-1B route, accounting for 71 per cent of all approved visas last year, followed by China with 11.7 per cent, according to official data.

 

What the $100,000 executive order means for sponsoring companies

 

In September, Donald Trump announced that the H-1B visa petition fee would be increased to $100,000. Under this executive order, companies will need to pay the new fee in addition to existing vetting charges when sponsoring a visa.