Washington, Oct 24 – The US government is preparing to contest lawsuits aimed at blocking the newly imposed USD 100,000 fee on new H-1B visa petitions. White House Press Secretary Karoline Leavitt stated that the visa system has been “spammed with fraud” for too long and requires an overhaul to prioritize American workers.

Leavitt’s comments followed a lawsuit filed by the US Chamber of Commerce, which criticized the fee as a “misguided policy” and “plainly unlawful” action that threatens American innovation and competitiveness. The Trump administration’s decision to implement this fee has also led to legal challenges from unions, employers, and religious organizations in a federal court in California.

“The administration will fight these lawsuits in court,” Leavitt confirmed to reporters. She emphasized that President Donald Trump’s primary focus is to prioritize American workers and strengthen the visa system.

Leavitt remarked, “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.” She defended the fee as “lawful” and “necessary,” asserting that the administration will continue to fight in court.

On September 19, President Trump signed the proclamation titled ‘Restriction on entry of certain nonimmigrant workers’, which raised the fee for new H-1B visas to USD 100,000 (approximately INR 88 lakhs). This increase could significantly affect Indian professionals holding H-1B visas in the US, as Indians represent about 71% of all approved H-1B applications in recent years, according to the US Citizenship and Immigration Services (USCIS). Companies are responsible for sponsoring H-1B applicants.

The USCIS issued new guidelines on Monday, clarifying that the USD 100,000 fee will not apply to applicants seeking a “change of status” or “extension of stay.”

The lawsuit from the US Chamber of Commerce, filed on October 16 in a district court in Columbia, challenges the proclamation, claiming it exceeds the president’s lawful authority. The Chamber highlighted that tens of thousands of highly skilled individuals in specialized fields contribute to the American economy each year after obtaining H-1B status.

Under a Congressional-mandated cap, the US can issue a maximum of 65,000 H-1B visas annually, with an additional 20,000 allocated to individuals who have earned master’s degrees or higher from US institutions.