Table of Contents

“Trump’s New $100K H-1B Visa Fee & $1 Million Gold Card: What It Means for Skilled Immigration”

President Donald Trump has signed a proclamation imposing a $100K annual fee for H-1B visa applications and introduced a new “Gold Card” fast-track residency program costing $1 million. What these measures mean for tech, US workers, foreign skilled professionals, and immigration policy. President Donald Trump has signed a sweeping executive action tightening the rules around the H-1B visa program, introducing a $100K annual fee for H-1B visa applications, along with a new Gold Card pathway which grants fast-track permanent residency in exchange for a major financial contribution. These changes mark one of the most dramatic shifts in U.S. high-skill immigration policy in recent years. In this post, we’ll unpack what these measures entail, how they are expected to impact foreign skilled workers, U.S. employers (especially in tech), legal concerns, and what the future holds.

President Donald Trump signed an executive action on Friday to impose a $100K application fee for H-1B visa

What Is Changing: H-1B visa Fee Hike & Gold Card Program

$100,000 Fee for H-1B visa Applications

On September 19, 2025, President Trump signed a proclamation mandating that all new H-1B visa petitions must include a $100,000 payment, to be paid by the sponsoring company. (AP News)
This fee is a sharp increase from the existing application fee, which ranges from around $200-$5,000 depending on case categories and employer size. (AP News)
The order requires the payment to accompany or supplement H-1B petitions for new applications. It may be structured as either $100,000 per year over the usual term, or possibly $300,000 up front for a three-year term (still under discussion). (Al Jazeera)

Gold Card Visa Pathway

Alongside the H-1B fee hike, Trump’s administration introduced the “Gold Card” program. This is a fast-track path to a U.S. green card (permanent residency) for foreign nationals who make a “gift” or donation of at least $1 million to the U.S. via Commerce (or $2 million if a corporation sponsors an individual). (CBS News)
The Gold Card is intended to replace or absorb categories such as EB-1 and EB-2 (which are reserved for individuals with extraordinary ability, advanced degrees etc.). Applicants must undergo vetting. There will also be processing or vetting fees. (CBS News)
Also proposed is a “Platinum Card,” to allow individuals to stay for extended periods (up to 270 days) without paying U.S. taxes on income earned outside the U.S.—though this still needs Congressional approval. (CBS News)

Why the Administration Says It’s Doing This

Protecting U.S. Workers & Wages

The administration asserts that the H-1B program has been “overused” or misused by firms to hire foreign labor in place of U.S. workers, often at lower wages. The high fee is meant to discourage less qualified or less costly uses, forcing companies to rely more on U.S. talent unless there is a clear case for specialized skills. (Hindustan Times)

Incentivizing “Extraordinary” Talent & Investment

The Gold Card is intended to shift immigration policy toward those who can make large financial contributions or have “extraordinary” ability—replacing certain employment-based green card routes with a financially weighted system. (CBS News)
Commerce Secretary Howard Lutnick has argued the green card system has resulted in bringing in less impactful immigrants (“bottom quartile” of workers), and that the new programs will favor high-skill, high-wage, or high net worth individuals. (CBS News)

Key Details, Exceptions & Implementation

Effective Date & Scope

The fee hike for H-1B becomes effective September 21, 2025 at 12:01 AM Eastern Daylight Time. It applies to aliens who enter or attempt to enter the U.S. under a new H-1B petition after that time. (Hindustan Times)
Many existing H-1B holders are not immediately affected, though there may be broader consequences (renewals, policy changes) depending on how regulations evolve.

Waivers & National Interest Exception

The proclamation allows for waivers. Employers, industries, or individual H-1B visa applicants may apply for a waiver on the $100,000 fee under certain national interest grounds, or for cases where employing high skill foreign workers serves the U.S. public welfare without harming domestic workers. (Hindustan Times)

Transition, Processing & Vetting

The Gold Card program must be implemented by Commerce, Homeland Security, and State within 90 days. Processes will be established for application submission, expedited adjudication, vetting, background checks, etc. (The White House)
Applicants (or sponsors) must make financial contributions (“gifts”) which will be deposited into a special fund at the U.S. Treasury, under Commerce oversight. (The White House)

Potential Impacts & Reactions

On Tech Companies, Startups & Foreign Talent

Significantly higher costs for sponsoring foreign workers could discourage smaller companies and startups from hiring foreign talent. Some may find the fee prohibitive. (www.ndtv.com)
Larger tech firms with deeper pockets may still comply, but might seek to hire more domestic workforce, or shift certain operations abroad. (Reuters)
Indian IT companies and workers are especially impacted—India is among the nations with the highest number of H-1B beneficiaries. The fee hike has already led to market reactions (stock declines) in some Indian IT firms. (The Economic Times)

On Migration Patterns & Skilled Immigration Globally

Countries with more liberal immigration or “talent-friendly” policies (e.g. Canada, parts of Europe) may see increased interest from foreign skilled workers who find U.S. policy now more expensive or restrictive.
The requirement of large fees could shift the composition of immigrants toward high net worth individuals, possibly reducing diversity in skilled immigration.

Economic Effects & Competitiveness

Proponents say that this will protect U.S. wages and jobs for domestic workers. Critics argue it may hurt U.S. competitiveness by reducing inflow of needed foreign talent, especially in STEM fields.
There may also be administrative and legal costs, and companies will need to adjust budgets and hiring strategies.

Political & Legal Challenges

Some lawmakers and immigration policy analysts have already called the H-1B fee hike “reckless” and “unfortunate,” warning that it could be challenged in court or require legislative backing. (Hindustan Times)
Constitutional questions arise over whether an executive order alone can alter visa fee schedules so dramatically, or whether Congress must act.

Breakdown: How This Compares to the Prior System

Feature	Before Trump’s Order	After the New Measures
H-1B Application Fee	Typically a few hundred to few thousand dollars, depending on employer size, type of petition, premium processing, etc. (AP News)	A flat $100,000 annual fee per new H-1B petition (or equivalent structure under discussion) for applications after Sept 21, 2025. (Al Jazeera)
Green Card Categories (EB-1 / EB-2)	Available to individuals with extraordinary ability, advanced degrees, etc., selected by merits, employer sponsorship etc.	Many or most of these categories will be absorbed into Gold Card program which requires $1 million “gift” (or $2M if corporation-sponsored). (CBS News)
Residency & Tax Perks (e.g. Platinum)	Standard rules apply, taxes on worldwide income etc., typical permanent residency pathways	Proposed Platinum Card may allow long stays and reduction of U.S. taxes on non-U.S. income (pending Congressional approval) (CBS News)

Criticisms & Concerns

Affordability & Inequality

The enormous fee may shut out many qualified foreign professionals who cannot afford such costs, tilting immigration toward the wealthy.
Critics argue that the policy disproportionately favors those with financial resources and limits opportunities for those whose contributions may be intellectual or skill-based rather than financial.

Talent Shortages & Innovation Risk

Sectors like tech, biotech, academia, and R&D have argued in past that H-1B visas help fill crucial gaps in talent. The sudden increase in bar may worsen shortages.
Startup companies often rely on foreign skilled workers; high fees could deter entrepreneurship, scaling, innovation.

Legal & Constitutional Validity

As noted, whether the President can increase fees, alter visa quotas or reform green card categories by proclamation is being questioned. Some changes may require legislation.
There may be lawsuits charging that such fees constitute unconstitutional taxation without congressional approval, or that they violate equal protection if applied unevenly.

International Reputational Risk

As U.S. becomes more expensive as destination for skilled workers, other countries may attract global talent instead. U.S. global leadership in tech, science, higher education could be undermined.

Who Stands to Gain & Who Stands to Lose

Likely Winners

Very high net worth individuals who can afford the Gold Card program.
Large employers with capacity to absorb large fees (though even they may push back).
Possibly the U.S. government budget if these fees generate large revenue (if implemented fully).

Likely Losers

Smaller companies, startups, and those with thin margins.
Skilled foreign professionals who do not have access to big capital.
Industries with heavy reliance on H-1B visas (tech, academia, research).
Foreign talent from developing countries who may find the high cost a barrier.

What Foreign Applicants & Employers Should Do Now

Review Existing H-1B Petitions
If you are an employer or foreign worker with a pending H-1B petition or renewal, check whether the new fee or payment requirement could affect your case.
Explore Waivers or National Interest Exceptions
The order allows for waivers under national interest or where employment serves U.S. welfare, so prepare documentation to support such claims.
Consider Other Immigration Routes
For those priced out of H-1B or Gold Card, other visa categories might still remain viable (student visas, other employment visas, etc.), although policy shifts may affect many.
Budget Adjustments for Employers
Companies should model increased costs, adjust hiring and compensation strategies, perhaps increase reliance on domestic hiring, remote work, or R&D in areas with lower cost labor.
Legal Monitoring
Keep an eye on lawsuits, regulatory rules, final implementation details. Many provisions are still in “rule‐making” or “under discussion” phase.

Broader Context: Immigration Policy & U.S. Competitiveness

The move fits into a wider trend in the Trump administration of tightening legal immigration, giving priority to U.S. workers, and making immigration a more transactional process (financial contributions, higher barriers unless “extraordinary”). (Al Jazeera)
It comes at a time when many U.S. tech firms lament talent shortages, especially in areas like artificial intelligence, cybersecurity, biotech. The risk is that by raising the bar too high, the U.S. may lose competitive advantage globally.
Also reflects political pressures: parts of Trump’s base have long criticized H-1B visas as undermining American workers; this policy acts to respond to those concerns.

What’s Unclear / Still to be Decided

Whether the fee will be $100,000 per year, or be collected up front for the full H-1B visa duration. (Al Jazeera)
How many waivers will be granted and under what criteria.
How the visa quotas will be adjusted, especially for EB‐1 / EB‐2 categories under the Gold Card. (CBS News)
What Congressional oversight or pushback will occur, and whether elements (e.g. tax changes associated with Platinum Card) will need legislation.
How companies and foreign skilled populations will respond—whether there will be legal challenges, shifts to other countries etc. President Donald Trump’s recent executive measures—to impose a $100,000 annual fee on H-1B visa applications and to create a Gold Card fast-track residency route costing $1 million (or $2 million if corporate-sponsored)—represent a sharp shift in U.S. immigration policy towards favoring wealth and extraordinary ability over broader access. These actions may well reshape how foreign skilled workers, employers, and even entire industries engage with U.S. immigration.

While the administration argues these changes protect American jobs and ensure only the most “valuable” foreign talent enters, critics warn that the barriers may be too steep, dampening innovation, making the U.S. less attractive globally, and risking legal and economic fallout.