Washington: The US government has said it will fight lawsuits aimed at blocking the USD 100,000 fee imposed on new H-1B visa petitions, asserting that “for far too long” the system was “spammed with fraud” and must be overhauled to prioritise American workers.
The remarks made by White House Press Secretary Karoline Leavitt Thursday came days after the US Chamber of Commerce filed a lawsuit last week against the move, describing it as “misguided policy” and “plainly unlawful” action that could cripple American innovation and competitiveness.
The Trump administration’s decision to impose the new H-1B fee has also prompted legal action by unions, employers and religious organisations in a federal court in California.
“The administration will fight these lawsuits in court,” Leavitt told reporters.
President Donald Trump’s main priority, she said, has always been to put American workers first and to strengthen the 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.
Defending the move, she asserted that “these actions are lawful” and “necessary”, and “we’ll continue to fight this battle in court”.
On September 19, President Trump signed the proclamation, ‘Restriction on entry of certain nonimmigrant workers’, raising the fee for new H-1B visas to a staggering USD 100,000 (approx INR 88 lakhs), in a move that could adversely impact Indian professionals on visas in the US.
Indians make up an estimated 71 per cent of all approved H-1B applications in recent years, according to the US Citizenship and Immigration Services (USCIS). Companies pay to sponsor H-1B applicants.
The US Citizenship and Immigration Services (USCIS) Monday issued fresh guidelines, clarifying that the USD 100,000 fee will not apply to applicants seeking a “change of status” or “extension of stay”.
The US Chamber of Commerce lawsuit, filed October 16 in a district court in Columbia, challenged the proclamation and said it exceeded the president’s lawful authority.
Tens of thousands of highly skilled people in specialised fields boost the American economy each year after obtaining H-1B status, it said.
Under a Congressional-mandated cap, the US can issue a maximum of 65,000 H-1B visas every year and another 20,000 to those who have obtained master’s and higher degrees from the US.
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