Trump Administration Overhauls H-1B and Creates “Gold Card” Pathway

A dramatic shift in U.S. immigration policy is underway. On September 19, 2025, President Trump signed a proclamation that imposes a $100,000 fee on new H-1B visa petitions for foreign nationals outside the U.S. At the same time, he issued an executive order establishing a so-called Gold Card program, which allows individuals to gain an immigrant visa by “gifting” $1 million (or $2 million via a company) to the United States.

These measures represent bold policy gambits. Legal and industry leaders are already pushing back, warning of serious consequences and legal challenges.

H-1B Fee: What Has Changed

New Payment Requirement

Under the proclamation titled Restriction on Entry of Certain Nonimmigrant Workers, the government now requires that any new H-1B petition filed abroad must be “accompanied or supplemented” by a $100,000 payment. USCIS’s H-1B FAQ confirms this applies to petitions submitted at or after 12:01 a.m. Eastern Time on September 21, 2025.

Importantly, the proclamation does not apply to existing H-1B visa holders, renewals of visas already issued, or petitions submitted before the effective time.

Entry Restriction

The rule also restricts entry to the U.S. for beneficiaries of H-1B visas whose petitions lack the $100,000 payment. In short, you may be denied entry unless your employer has paid the fee and it’s been verified by DHS and the State Department. The proclamation is in effect for 12 months, unless extended.

National Interest Exceptions

There is a carve-out: the proclamation allows DHS to grant exemptions “if … the hiring … is in the national interest and does not pose a threat to the security or welfare of the United States.”

Gold Card: Fast Track Green Cards via Donation

Simultaneously, the administration launched the Gold Card initiative. Under this executive order, individuals may obtain an immigrant visa (i.e. green card) by making an unrestricted gift of $1 million to the U.S. government (or $2 million via a corporate sponsor).

However, this program does not explicitly establish a new visa category or override legal standards. Rather, the order proposes that such gifts can be considered evidence in existing categories (like EB-1 or EB-2) as if they demonstrated extraordinary or national interest.

Legal commentators note tensions with the Immigration and Nationality Act (INA), which does not authorize immigrant visa eligibility solely through monetary gifts. 

Where Critics and Experts Stand

AILA’s Strong Opposition

The American Immigration Lawyers Association (AILA) has strongly criticized the changes. AILA’s President, Jeff Joseph, called the new H-1B rule a “pay-to-play system” that “effectively shuts out teachers, nonprofits, researchers, rural doctors, clergy, and other professionals.” He warned that the policy “will undermine innovation” and make it harder for businesses to access needed talent. Meanwhile, AILA Executive Director Ben Johnson declared these measures an attempt to “rewrite laws created by Congress” and said they “will not stand up in court.” He cautioned that in the meantime, “we are inflicting needless harm on ourselves” and sending a message that “the United States is closing its doors” to global talent.

Industry and Healthcare Pushback

The American Medical Association (AMA) and dozens of medical societies have urged DHS to exempt physicians, residents, and fellows from the new fee, citing the healthcare workforce’s reliance on foreign-trained talent, especially in underserved areas.

Tech firms and employers are already bracing for disruption. Many warn these changes could force offshoring, delay hiring, or reduce U.S. competitiveness. 

What This Means for Applicants and Employers

If you’re a company or individual affected by these new policies, here’s what to consider:

• New petitions only: Only new H-1B petitions filed for prospective employees located outside the U.S. after September 21, 2025 are subject to the $100,000 fee.

• Budget impact: The fee is in addition to existing H-1B filing costs.

• Risk of non-compliance: Employers must retain documentation proving the payment. U.S. consulates and DHS may deny visa issuance or entry otherwise.

• Gold Card is not guaranteed: A donation does not automatically grant a green card. It is merely proposed evidence within existing visa pathways.

• Legal uncertainty: Several legal experts warn the H-1B fee and Gold Card plan may be vulnerable to constitutional and statutory challenges.

Final Thoughts & Take Action

With the $100,000 H-1B fee and the Gold Card donation program, the Trump Administration is attempting a radical shift in immigration policy. These changes would place financial barriers on access to skilled work visas and redefine merit-based immigration categories.

The path forward will likely involve litigation and policy adjustments. In the meantime, affected individuals and employers should move quickly to evaluate strategies—whether adjusting hiring plans, exploring exemption avenues, or structuring gold card submissions carefully.