Contradiction Alert: Trump Defends H-1Bs While Slamming Legal Immigrant Programs

Quick Answer

Trump’s recent praise for H-1B workers as “the best and brightest” clashes with his administration’s aggressive war on legal immigration—a $100,000 H-1B filing fee, weighted lotteries favoring high-wage roles, and a wave of RFEs, NOIDs, denials, and site visits.

Employers, universities, and immigrant families are caught between rhetoric and reality, both in Ohio, my home state, and around the country. The H-1B visa program remains politically divisive, with some advocating for its role in attracting top global talent while others argue it undercuts U.S. labor.

Fast Facts

• Trump: “You don’t have certain talents… you have to bring this talent.” (Newsweek)
• $100,000 H-1B fee mandatory since Sept 2025 – now in litigation.
• DHS draft: weighted lottery giving preference to top-wage, senior positions. The proposed changes to the H-1B lottery system aim to prioritize higher-paid, higher-skilled positions, significantly impacting entry-level skilled workers.
• RFEs / NOIDs / denials surging under narrower “specialty occupation” definitions. The increased scrutiny, requests for evidence, and potential visa denials create administrative burdens and uncertainty for employers hiring H-1B workers.
• Ohio depends heavily on H-1B workers across health care, AI, and manufacturing.

The Contradiction: “We Need Talent” vs. “Keep Them Out”

Trump told Ingraham Angle: He described the H-1B visa program as a “cheap labor program” that companies abused to replace American workers at lower pay.

“You don’t have certain talents… People have to learn. You can’t take people off an unemployment line and say, ‘I’m going to put you into a factory, we’re going to make missiles.’ You have to bring this talent.” (Newsweek)

Yet his policies—$100 K fees, audits, narrow eligibility, and lottery rewrites—make it harder than ever to “bring this talent.”

“You can’t claim a talent shortage and then make legal hiring financially impossible,” says Richard T. Herman, founder of Herman Legal Group.

Timeline: From Promises to Penalties

JD Vance’s Rhetoric vs. Ohio’s Reality

Vice President J.D. Vance pushes to shrink legal immigration:

“We have to get the overall numbers way, way down.” (ABC News)

“Legal immigration is complicated … a lot of those immigrants are actually undercutting the wages of American workers.” (NDTV)

“If you look at the H-1B visa, what it’s supposed to be is that you have a super genius … You want that super genius to stay in the United States.” (NDTV)

But Ohio’s economy—anchored by Cleveland Clinic, Nationwide, Honda, and Ohio State University—thrives precisely because of those H-1B innovators. Throttling the flow of international talent risks hindering innovation, research, and overall economic growth, especially affecting smaller startups and universities. Economists have warned that the Trump administration’s immigration policies could lead to negative net migration, further impacting U.S. labor and GDP growth.

Project 2025: The Blueprint Behind the Crackdown

The Project 2025 Mandate for Leadership and Heritage policy papers seek to:

• Limit H-1Bs to “top foreign workers at the highest wages.” (Murthy Law Firm)
• Cut overall visa numbers and reduce annual H-1B availability. (American Immigration Council)
• “Increase fees agency-wide … drastically limit waivers … implement asylum fees.” (Heritage Foundation, Mandate for Leadership)
• End family-based categories in favor of “best and brightest only.”

Public praise meets a private playbook to shrink legal immigration. Trump’s stance on the H-1B program has caused backlash from his supporters who view it as contrary to his ‘America First’ immigration policies.

The Policy Arsenal Hitting H-1B

1. $100,000 Filing Fee → Now mandatory; HLG Explainer
2. Weighted Lottery → Favors high-salary seniors; HLG Analysis
3. RFEs / NOIDs / Denials → Escalating under tighter readings; Top RFE Reasons
4. Site Visits & Investigations → How to Prepare for USCIS Site Visit

Ohio’s Stakes

Ohio ranks among the top 15 H-1B states: Nearly 400,000 H-1B visas were approved in fiscal 2024, double the number approved in fiscal 2020.

• Columbus – Intel semiconductors, AI startups, research universities
• Cleveland – health systems & biomedical innovation
• Cincinnati / Dayton – manufacturing and logistics

A fee-driven slowdown threatens every one of those sectors. The anticipated $100,000 H-1B visa fee and associated legal costs create financial burdens, making long-term hiring planning difficult for employers.

Economic Reality Check

Data from Brookings Institution and NFAP confirm that each H-1B hire supports multiple U.S. jobs through innovation, patents, and tax growth. The tech industry accounts for approximately 60 to 70 percent of all H-1B visa applications. H-1B visa holders are often seen as essential in fields requiring specialized expertise, such as technology and engineering.
HLG’s brief: Economic Impact of Trump H-1B Fee.

The Human Brain on Fear

Chronic visa fear lights the amygdala and dulls focus.
The engineer prepping RFE responses is too stressed to innovate. America can’t compete when it terrorizes its talent.

ICE’s expanded reach means schools, churches, and hospitals no longer feel safe.
When parents fear a knock at school pickup, the message to children is clear: belonging is conditional.

Each denied petition kills an idea. One Columbus founder told HLG, “We lost our AI scientist to Canada. We didn’t lose a worker — we lost a future.” Prominent figures like Elon Musk advocate for H-1B visas to maintain U.S. competitiveness in technology and innovation.

Expert Insight — Richard T. Herman

“This contradiction isn’t just political theater — it’s an innovation tax. When you attack legal immigration, you attack America’s ability to solve problems.”

What Employers & Workers Can Do

Employers

• Audit compliance files & prep for site visits.
• Budget for fees and RFEs.
• Explore cap-exempt or consortium strategies.

Workers

• Keep complete records.
• Explore O-1, TN, EB-2 NIW, or cap-exempt routes.
• Track status deadlines and cap-gap options.

Need guidance? Book a consultation with Herman Legal Group.

Ohio & National Law Firms

Ohio-Based

• Herman Legal Group – statewide presence; 30 years of employment-based practice.
• Margaret W. Wong & Associates – Cleveland / Columbus / Cincinnati.
• Shihab & Associates – business immigration focus.
• Robert Brown LLC – family & employment immigration.

National/Global – Fragomen • BAL • Seyfarth Shaw – enterprise-scale H-1B representation.

Detailed FAQ: Trump’s H-1B Contradictions and 2025 Policy Changes

Q1. Why does Trump say America “lacks talent” while attacking H-1B visas?
Because his administration—and Project 2025—pursue a nationalist labor policy that appeals politically while economically depending on global skill. In his Ingraham Angle interview, Trump said, “You have to bring this talent,” even as his DHS introduced a $100,000 H-1B fee and weighted lottery that block that very talent. In November 2025, Trump acknowledged the necessity of specialized skills not available domestically, referencing a South Korean battery plant as an example.

Q2. What is the $100,000 H-1B filing fee, and who must pay it?
The new fee applies to most cap-subject H-1B petitions filed after September 21 2025. Employers that fail to show proof of payment face automatic denial. Small firms, universities, and hospitals are hit hardest.
See: H-1B $100000 Fee (2025)

Q3. Does the $100k fee apply to transfers or extensions?
So far, USCIS guidance suggests the surcharge applies mainly to new, cap-subject filings, but employers are preparing for broader enforcement as DHS “clarifies” the rule through memos.
See: Do I Need to Pay the $100000 Fee?

Q4. How does the new “weighted lottery” change my H-1B odds?
Under Trump’s modernization proposal, selection odds rise with salary and experience level. This penalizes entry-level STEM graduates and startups offering modest wages.
Full analysis: Next Trump H-1B Rule

Q5. Why are Requests for Evidence (RFEs) increasing again?
Because USCIS has revived pre-2021 interpretations of “specialty occupation.” Officers are demanding itemized job-duty breakdowns and client letters even for standard tech and medical roles.
See: Top H-1B RFE Reasons & Responses

Q6. How can employers avoid denials under the new rules?

• Pre-audit every Labor Condition Application (LCA).
• Document direct degree-to-job connections.
• Maintain a public-access file ready for inspection.
  Guide: Prepare for USCIS Site Visit

Q7. What role does Project 2025 play in these changes?
Project 2025 explicitly urges limiting H-1Bs to “top foreign workers at the highest wages” and cutting legal immigration across the board. It is the ideological blueprint behind the $100 k fee and lottery redesign.

Q8. How do these policies affect Ohio employers specifically?
Ohio’s tech, healthcare, and manufacturing employers rely on global hires for specialized functions. The new costs make it harder for Columbus startups, Cleveland hospitals, and Dayton manufacturers to compete.
See: Economic Impact of Trump H-1B Fee

Q9. What immigration alternatives exist if the H-1B becomes unworkable?
Options include the O-1 (extraordinary ability), TN (NAFTA), E-2 investor, or EB-2 NIW categories. Strategic combinations can maintain work authorization while bypassing lottery risks.
See: F-1 to H-1B Visa Status Guide

Q10. How does fear of enforcement affect worker performance?
Studies show chronic visa uncertainty triggers anxiety, insomnia, and productivity loss. The “brain-on-fear” response impairs innovation—what H-1B policies now amplify nationwide.

Q11. Why is JD Vance targeting even legal immigration?
Vance frames it as wage protectionism: “We have to get the overall numbers way, way down.” His rhetoric aligns with Project 2025’s call to cut both legal and humanitarian pathways.

Q12. Are lawsuits expected to overturn these H-1B measures?
Yes. The U.S. Chamber of Commerce, universities, and tech coalitions have filed suits arguing the $100k fee violates statutory caps on user fees and lacks a rational economic basis. Early injunctions may slow enforcement.

Q13. How can workers respond to an RFE or NOID under the new scrutiny?

• File within the stated deadline.
• Include expert letters connecting degree → job duties.
• Avoid recycled responses from prior petitions.
  Comprehensive strategy: Request for Evidence Guide

Q14. Will these policies push talent abroad?
Yes. Canada, the U.K., and India’s startup sector are already recruiting disillusioned U.S.-trained professionals. Every restrictive rule strengthens America’s competitors.

Q15. How can Herman Legal Group help employers and workers navigate this?
With 30 years of immigration experience, HLG represents both Fortune 500 firms and startups nationwide. The team handles RFEs, site-visit defense, and strategic filings under the new Trump-Vance climate.
Book a Consultation

Call to Action

Don’t let policy chaos derail your plans.
Schedule a consultation with Herman Legal Group — trusted Ohio immigration lawyers serving clients nationwide.

Resource Directory

Government Sources

• USCIS H-1B Fee Notice (2025)
• Federal Register – Weighted Lottery Proposal
• USCIS FDNS Site-Visit Policy
• Department of Labor – PERM Processing Updates

Media Sources

• Reuters – Trump $100 K Fee Coverage
• Newsweek – Trump Comments on Talent & H-1Bs
• ABC News – JD Vance on Cutting Legal Immigration
• NDTV – Vance on H-1B and Wage Impact
• Murthy Law Firm – Project 2025 Impact on Employers
• American Immigration Council – Project 2025 Summary

Herman Legal Group Resources

• H-1B $100000 Fee (2025): Who Pays & RFEs
• Do I Need to Pay the $100000 Fee?
• Next Trump H-1B Rule Explained
• Economic Impact of Trump H-1B Fee
• Top H-1B RFE Reasons & Responses
• Prepare for USCIS Site Visit
• F-1 to H-1B Visa Status Guide
• PERM Processing Time 2025
• Family Immigration Under Trump 2025
• Book a Consultation