H-1B $100k fee faces lawsuit; who must pay?

The H-1B is the U.S. work visa for “specialty occupation” roles, historically capped at 85,000 new slots each fiscal year. In 2024–25 the U.S. Department of Homeland Security (DHS) finalized a series of “modernization” changes for integrity and efficiency—most notably a beneficiary-centric lottery that selects people (not duplicate employer entries) and updated definitions around specialty occupation and site visits. Those rules took effect in January 2025 and shaped the FY-2026 selection cycle.

What’s new: a $100,000 H-1B fee—and a court fight

In September–October 2025, the Administration unveiled an additional $100,000 fee on new H-1B applications, sparking immediate backlash from business groups. On Oct 16, the U.S. Chamber of Commerce sued in federal court to block the charge, arguing the executive branch exceeded its authority and that the fee would choke hiring, especially for small firms and start-ups.

USCIS clarification: who is actually charged?

USCIS guidance reported by U.S. media clarifies that the $100,000 fee targets new, overseas H-1B cases and does not apply to people already in the U.S. changing status or extending/porting H-1Bs. That means current F-1 students on OPT/STEM-OPT in the U.S.—including many Ghanaians—would not be in the fee’s direct scope when changing status to H-1B, while employers recruiting talent from abroad could face the surcharge (pending litigation).

Why it matters (for Ghanaian graduates and employers)

• For students/graduates in the U.S.: If you’re already on F-1/OPT in the States when your employer files H-1B, current reporting indicates the $100k fee would not be charged—though normal filing fees still apply. Keep in touch with your international office and employer counsel as litigation unfolds.
• For Ghana-based hiring: U.S. employers planning to file H-1Bs for candidates outside the U.S. could face a dramatically higher cost if the fee stands. Some firms may prefer recruiting candidates who are already stateside or shifting roles to subsidiaries abroad.
• For market stability: The fee sits atop 2024–25 integrity changes (beneficiary-centric selection, site-visit expansion), which are already reshaping filing strategies. Expect cautious, lawyer-led planning this coming cap season while the court case proceeds.

The road ahead

Two tracks will determine outcomes: (1) the Chamber’s lawsuit, which could pause or strike the fee; and (2) any additional DHS rulemaking (there’s also a separate proposal to weight selection toward higher-paid roles). Employers and applicants should watch agency FAQs and federal-register updates closely in the next few weeks.

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Source: raylizaghana.com