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$100k for H-1B and $1M for Gold Card? Inside the Trump Admin’s Controversial New Immigration Policies

On Friday, September 19, 2025, the White House issued two consecutive executive orders, triggering an uproar among immigrant communities and H-1B visa holders.

 

 

H-1B Visa Holding Costs May Rise by $100,000 Directly

 

The first executive order issued on September 19 directly targets individuals who hold or plan to hold H-1B work visas. According to the order released by the White House:

 

"President Trump signed an executive order requiring an additional fee of $100,000 for H-1B work visa applications, stating that applicants who fail to pay this fee will not be allowed to enter the United States under H-1B status."

As soon as this executive order was issued, it caused widespread panic and chaos globally, particularly among communities in India and China—home to the largest groups of H-1B visa holders. Many H-1B holders who were traveling abroad for work or family visits feared they would be unable to re-enter the U.S. once the policy took effect, leading to a series of "last-minute rush back to the U.S." efforts. Social media was flooded with posts from individuals who abruptly cut short their trips, scrambled to buy high-priced air tickets, and waited anxiously at airports. According to Reuters, a flight from San Francisco International Airport to India was delayed for several hours after multiple passengers decided to disembark just before takeoff. The chaos was comparable to the emergency situation prior to the implementation of travel bans at the start of the pandemic.


After the initial chaos, the White House and the U.S. Department of Homeland Security (DHS) issued clarifying statements one after another, explaining the scope of application and specific implementation details of the new regulations, which alleviated market panic to a certain extent. Based on the latest official second announcement on September 21, we can summarize the following key points:

- Target Applicants: Only new H-1B applications submitted after September 21, 2025.

- Exempt Groups: Current H-1B visa holders and those applying for renewal are not affected and can enter/exit the U.S. normally.

- Nature of the Fee: A one-time application fee, not an "annual fee" as misreported by some media earlier.

- Payer: The fee shall be borne by the employer, not the employee.

Globevisa immediately consulted professional immigration lawyers. Despite the official second clarification, the executive order still contains many ambiguous areas regarding implementation. Oliver Yang, a senior immigration lawyer with over 10 years of experience, pointed out that there are contradictory descriptions between the two announcements. Even if implemented in accordance with the rules of the second clarification, there remains confusion about whether the $100,000 fee is paid once per applicant or needs to be paid again for each visa renewal.

 

Nevertheless, this executive order officially signals significant policy change risks for H-1B visas in the future:

- Employment Risks: The additional $100,000 cost will significantly increase enterprises’ labor expenses. For most small and medium-sized enterprises, it is almost unthinkable to pay a $100,000 visa fee for a newly graduated international student. Combined with the new immigration policy that the Trump administration was reportedly drafting in July—aimed at changing the H-1B visa allocation method from random lottery to salary-based selection—this means that it will become extremely difficult for Chinese international students to stay and work in the U.S. through H-1B visas, and competition will be unprecedentedly fierce.

- Legal Risks: Many immigration law experts have pointed out that the legal basis for the President to impose such a high fee through an executive order is highly controversial. The executive order cites Section 212(f) of the Immigration and Nationality Act (INA), whose original legislative intent was to grant the President the authority to restrict the entry of specific groups of people in national emergencies. Whether it can be applied to fee adjustments for regular work visas is highly likely to face legal challenges in the future. Additionally, the $100,000 figure appears arbitrary and lacks a clear calculation basis, which may also become a focus of judicial review.

 


Trump Gold Card Requires a Minimum Donation of $1 Million, Threatening to Occupy Quotas for Legal Green Cards  

 

The second executive order issued on September 19 concerned the latest developments of the "Trump Gold Card." Unlike the rumors in February this year that "a $5 million direct green card could be obtained," this executive order officially announced the implementation plan for the Gold Card and tied it to the existing employment-based immigration categories EB-1A (Extraordinary Ability) and EB-2 NIW (National Interest Waiver). Further details on its implementation will be finalized within the next 90 days:

 

The executive order states that individuals who donate $1 million to the U.S. Treasury may apply for the "Trump Gold Card"; alternatively, enterprises that donate $2 million to the U.S. Treasury on behalf of their employees may apply for the "Corporate Gold Card."



At the same time, the executive order claims that applicants for both types of Gold Cards will be "deemed" to have made outstanding contributions in the business field, thereby meeting the eligibility requirements for EB-1A or NIW applications. Moreover, Gold Card applicants can enjoy the preferential policy of "expedited processing."

 

Although the final amount and implementation method of the Gold Card differ significantly from the initial plan, the core logic remains consistent: obtaining the right to quickly acquire U.S. permanent residency through a large financial contribution.

 

Even though the Gold Card program has been officially launched, it still faces numerous ambiguities and controversies in terms of legality and operation. After in-depth research, the in-house licensed lawyer team at Global Immigration believes that the implementation of this program faces multiple challenges:

- Conflict with Existing Laws: The current EB-1 and NIW categories have clear application requirements, which were established through congressional legislation. For example, EB-1A requires applicants to meet at least three out of ten criteria in their professional field, and "donating to the government" is not among these criteria. The executive order’s attempt to equate donations with "business contributions" is a "creative" interpretation of existing laws and is highly likely to be challenged in court.

- Concept Confusion and Lack of Details: The text of the executive order confuses the legal terms "Extraordinary Ability" (required for EB-1A) and "Exceptional Ability" (required for EB-2), reflecting that its drafting process may not have undergone rigorous legal review. Additionally, key details—such as how enterprises can apply on behalf of employees and how employees’ status will be handled if they leave their jobs—have not been clearly specified and await clarification in the implementation rules to be issued within the next 90 days.

- Misinterpretation of "Expedited Processing": Many applicants may be attracted by the promotion of "fast green card approval," but the so-called "expedited processing" does not mean skipping the waiting period. The executive order clearly states that applicants still need to wait until their Priority Date becomes "Current" before finally obtaining a green card. Therefore, what the $1 million essentially buys is likely only the right to expedited processing of I-140 immigration petitions and I-485 adjustment of status applications. For applicants born in mainland China—where there are severe waiting periods—both EB-1 and NIW currently have waiting periods of over 2 years and 4 years respectively, and the "Gold Card" cannot exempt them from this long waiting period.

 

Despite numerous controversies, the launch of the "Trump Gold Card" indicates that the current U.S. administration intends to reduce its reliance on traditional work-based immigration and instead vigorously attract global capital that can bring direct economic benefits to the U.S. Fortunately, the current Gold Card policy has not affected the EB-5 investment immigration policy.

For specific high-net-worth applicant groups, compared with the Gold Card—with its uncertain policy risks and higher costs—the traditional EB-5 investment immigration has become a "safe path" to a green card, featuring stable policies, lower costs, and the current benefit of no waiting period for applications.

 

Globevisa has been deeply engaged in the EB-5 field for over 10 years, with more than 50 integrated institutions worldwide covering six continents. It has successfully helped over 5,000 families apply for U.S. green cards and has maintained an outstanding record of zero denials to date. Especially since the launch of the new EB-5 law in 2022, Globevisa has successfully assisted in raising funds for more than 13 EB-5 projects, setting industry-leading records such as over 30 group approvals in a single month and the fastest application submission in 21 days. Meanwhile, Globevisa has been awarded membership in IIUSA (the Investment Migration Association), ranked among the Top 25 Global EB-5 Immigration Institutions, and received the "2024 I-829 Approval Contribution Award" and "2024 I-526 Approval Contribution Award." With Globevisa’s professional EB-5 support, your U.S. life journey can start right away!

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