This past weekend, two immigration announcements from President Trump created a wave of confusion and worry across the immigrant community. The first is a proclamation imposing a $100,000 fee on H-1B visa petitions. The second is an executive order introducing what has been called the “Gold Card,” a new way to obtain permanent residency by contributing one million dollars to the United States.
For people considering self-sponsored green card options like the EB-1A (Extraordinary Ability) and EB-2 NIW (National Interest Waiver), these changes raise many questions. In this post, we will look closely at both policies, what is confirmed so far, what remains uncertain, and how all of this might affect your immigration plans.
The $100,000 H-1B Fee
The proclamation establishes a one-year restriction, beginning on September 21, 2025, requiring a $100,000 fee for each new H-1B petition. This may be extended beyond the initial one-year period.
Who pays the fee? According to the language of the proclamation, it is the employer or sponsoring company, not the employee.
At first, the Secretary of Commerce suggested the payment would be annual, potentially adding up to $600,000 over the lifetime of an H-1B visa. Later, the White House clarified that it is a one-time payment, which is still steep but far less than originally feared.
Who is affected? The proclamation specifically references foreign nationals outside of the United States, which suggests that those applying for H-1B visas through consular processing abroad would be impacted. It is less clear whether individuals already in the U.S. on another status, such as F-1 students changing status to H-1B, will also be subject to the new fee.
Exemptions may apply. The Secretary of Homeland Security is authorized to waive the fee for individuals, companies, or even entire industries if doing so is deemed in the national interest. This means some sectors, such as technology or healthcare, could be given relief.
Implementation has already caused chaos. Because the announcement came on a Friday and the effective date was that Sunday, many H-1B holders abroad scrambled to book last-minute flights back to the U.S. to avoid being locked out. Only later did USCIS clarify that the fee would apply to new petitions, not existing visa holders re-entering the U.S.
Unanswered questions about the H-1B fee
There are many uncertainties surrounding this policy. For example, will nonprofit organizations, universities, and hospitals remain exempt from the fee as they are often exempt from the lottery? Will dependents on H-4 visas be affected? What happens if an H-1B worker changes employers—does the new company have to pay the $100,000 fee again?
There is also a strong chance that lawsuits will challenge this proclamation. Many immigration lawyers believe the president may not have the legal authority to impose such a fee unilaterally. Until courts provide clarity, however, the announcement will continue to create anxiety for both employers and foreign workers.
The Gold Card Program – Permanent Residency for $1 Million
The second announcement is the so-called Gold Card program. Under this initiative, foreign nationals could obtain U.S. permanent residency by contributing one million dollars individually, or two million dollars if sponsored by a corporation or other entity.
Unlike the EB-5 investor visa, which requires investment in U.S. businesses that create jobs, the Gold Card frames the payment as a “gift” to the United States. According to the executive order, the funds would be managed by the Department of Commerce to promote American industry.
How the Gold Card ties into EB-1A and EB-2 NIW
The administration does not plan to create an entirely new visa category. Instead, Gold Card applications would be processed through the existing EB-1A and EB-2 NIW categories. This is significant because it means Gold Card applicants would compete for the same limited visa numbers as ordinary EB-1 and EB-2 applicants.
This could slow the visa bulletin for everyone else. Every year, the U.S. issues 140,000 employment-based green cards, with approximately 28 percent allocated to EB-1 and another 28 percent to EB-2. There are also per-country caps, which cause long backlogs for countries like India and China. Adding Gold Card applicants to these categories could make the backlog worse.
The administration may try to prioritize Gold Card applications, but without congressional approval, the legal caps cannot be changed. As a result, wealthy applicants could end up waiting in the same line as everyone else, despite paying one million dollars.
More complications with the Gold Card
The order mentions that expedited processing fees may be added, even though applicants are already contributing one million dollars. If corporations sponsor individuals for two million dollars, they may also face extra maintenance or transfer fees if they change their sponsored employee.
Some officials claimed that the Gold Card could eventually replace EB-1 and EB-2 programs, but this is not legally possible. Only Congress can change the Immigration and Nationality Act, which sets the visa categories and numerical limits. These statements appear to be more political than practical.
What EB-1A and EB-2 NIW Applicants Should Do
For individuals considering EB-1A or EB-2 NIW self-petitions, the current situation can feel unsettling. The introduction of the Gold Card and the H-1B fee highlights how unpredictable immigration policy has become.
The best response is not panic, but preparation. Here are some steps you can take:
- File your petition as early as possible. The sooner you apply for EB-1A or EB-2 NIW, the sooner you secure your place in line.
- Focus on building a strong case. Regardless of policy shifts, the quality of your petition remains the most important factor in whether you succeed.
- Monitor visa bulletin updates. If the Gold Card program adds new demand to EB-1 or EB-2 categories, the bulletin may slow down. Being in the queue early protects you.
- Stay informed from trusted sources. Rumors and social media posts often spread fear without facts. Always check official announcements and legal analysis.
- Consider professional advice. Even if you pursue a do-it-yourself petition, a consultation with an immigration attorney can provide clarity if you are uncertain about your strategy.
Final Thoughts
The $100,000 H-1B fee and the Gold Card proposal both illustrate how quickly immigration rules can change, and how much confusion these sudden shifts can cause. While legal challenges are expected, applicants should not delay their own plans in the hope that everything will be overturned.
For EB-1A and EB-2 NIW applicants, the key is to take action now. These categories remain powerful tools for highly skilled professionals to take control of their immigration future without needing employer sponsorship. By preparing a strong petition and filing early, you can position yourself ahead of potential backlogs and policy changes.
At oscarsgreencard.com we provide detailed resources and courses to help you navigate the EB-1A and EB-2 NIW process step by step, including options for those who want to prepare their own do-it-yourself petitions.