The White House has reaffirmed that President Donald Trump’s top priority in overhauling the H-1B visa programme is to prioritise “American workers first” and has pledged to defend the administration’s actions against mounting legal challenges.
White House Press Secretary Karoline Leavitt said, “The President’s focus remains on putting American workers first. We will continue to fight these lawsuits in court. The H-1B system has long been plagued by fraud that’s driven down wages for American workers. These new measures aim to fix that. They are both lawful and essential, and we’ll stand by them in court.”
The statement followed new guidance issued by the US Department of Homeland Security on Tuesday regarding the $100,000 application fee. The updated rules outline several exemptions, including for individuals switching to H-1B status from other visas such as F-1 student status, and for those applying for amendments, changes of status, or extensions within the US. Current H-1B holders will also not face any travel restrictions.
The new fee requirement applies only to fresh visa petitions filed from outside the US by applicants without a valid H-1B visa. The department also introduced an online payment system for new filings.
Last week, the US Chamber of Commerce filed a lawsuit against the Trump administration, calling the new visa rules “unlawful” and warning that the fee could “significantly harm American businesses” by raising labor costs or limiting access to skilled talent. The suit argued that Trump’s September 19 proclamation was “clearly illegal” and would benefit America’s global competitors.
This marks the second major legal challenge to the administration’s H-1B reforms, following an October 3 lawsuit filed by unions, educators, and religious organisations.
While signing the proclamation in September, Trump had reiterated that the goal was to create stronger incentives for hiring American workers.
