Leading immigration lawyer calls White House H-1B clarification a 'walk back' (IANS Exclusive)

Washington, September 21 (IANS) As the White House issued a clarification to IANS that the $100,000 cost for an H-1B application is a "one-time fee" that applies only to new visas, a lawyer from a leading law firm believed that it's a "walk back" from the Trump administration on the issue.

In an exclusive interview with IANS, Steven Brown, a partner at the business immigration law firm, Reddy Neumann Brown PC, argued that the clarification is different from the proclamation issued by President Donald Trump on Friday.

"It definitely, in my opinion, is a walk back of what the text, certainly from what Secretary Lutnick said, and then the text of the proclamation. Because the text of the proclamation doesn't differentiate between the new H-1B and the current H-1B, it's an entry ban," he added.

In an exclusive response to IANS, the White House on Saturday said that it is a "one-time fee" that applies only to new visas and not renewals or current visa holders.

"This is a one-time fee that applies only to the petition. It only applies to new visas, not renewals or current visa holders. It will first apply in the upcoming lottery cycle," a White House official told IANS.

The White House Press Secretary Karoline Leavitt also posted on X, saying that those who already "hold H-1B visas and are currently outside of the country right now will not be charged $100,000 to re-enter. H-1B visa holders can leave and re-enter the country," she wrote.

Brown added that while he would wait for the "official guidance," it still is a matter of "relief" for the existing H-1B holders.

"It's a good sigh of relief for those who are in the US, who have ties to the United States or are working in the United States. I would maybe go to sleep saying, Okay, maybe this is not going to be what everybody expected based on the text of the proclamation. Maybe I'll still be able to return. I think people can maybe take a deep breath, and let's get to Monday and see what's coming of this," he advised.

The clarification comes as the official proclamation signed by Trump on Friday did not distinguish the existing H-1B visa holders from the new applicants.

Brown found the situation "weird" as a signed proclamation is being disputed by posts from the Trump administration officials on social media.

"This is kind of this weird area where we're doing immigration law through a proclamation and then changing the proclamation interpretation through a tweet, which might be a first in administrative law," he said.

A White House Spokesperson on Saturday also told IANS that the policy would "discourage companies from spamming the system."

"President Trump promised to put American workers first, and this common-sense action does just that by discouraging companies from spamming the system and driving down wages. It also gives certainty to American businesses that actually want to bring high-skilled workers to our great country but have been trampled on by abuses of the system," said Taylor Rogers, the White House Spokeswoman.

On Friday, Trump had endorsed the cutback in the H-1B visa programme as an "incentive" to hire "American workers."

"We need workers. We need great workers, and this pretty much ensures that," Trump added.

Commerce Secretary Howard Lutnick also defended the move, saying the policy would discourage companies from hiring foreign workers.

"So, the whole idea is, no more will these big tech companies or other big companies train foreign workers. They have to pay the government $100,000, then they have to pay the employee. So, it's just not economic. You're going to train somebody. You're going to train one of the recent graduates from one of the great universities across our land, train Americans. Stop bringing in people to take our jobs. That's the policy here. $100,000 a year for H-1B visas," he explained.

Brown emphasised that, regardless of the current crisis, the proclamation is likely to be challenged in court.

"There's a lot of litigation that's going to be coming on this. It's going to be fought out. I do think you could have corporations that have invested, have employees who are highly skilled, and they could obviously sue. Individuals could sue. Certain organisations that could have standing to sue if they represent immigrants," he added.

He highlighted that an executive proclamation would not be able to solve the challenges associated with the H-1B programme, and Congress must step in.

"Congress needs to create reform, because immigration is a plenary power given to Congress. Congress has given some leeway to the executive branch, but if we want major H-1B reform, a lot of it would have to go through Congress," he concluded.

--IANS

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