$1 Million Gifts and $100,000 Entry Fees: Trump Administration is making major changes to employment-based immigration
The Trump administration announced two major changes to employment-based immigration to the United States. The first provides guidance on the administration’s recently announced fee affecting new H-1B visa applications. The second creates a new category of employment-based permanent residence for those who are willing and able to give the United States a substantial gift.
USCIS Issues Guidance on the New $100,000 H-1B Fee
The USCIS just issued guidance on the President’s proclamation which created an additional $100,000 payment as a condition of eligibility for an H-1B visa. The new guidance details which H-1B visa applicants are subject to the fee, how to pay the fee, and how to apply for an exemption. Importantly, the guidance makes clear that the fee does not apply to a change of status, even when those applicants depart the U.S. to obtain a new H-1B visa.
On September 19, 2025, the President issued the Restriction on Entry of Certain Nonimmigrant Workers. Under the Proclamation, certain H-1B petitions filed at or after September 21, 2025, are required to include an additional $100,000 payment as a condition of eligibility. The fee was specifically designed to “impose higher costs on companies seeking to use the H-1B program.” The Proclamation did not provide specific details on which applicants were subject to the fee or how the fee would actually be paid.
Who is subject to the $100,000 payment
The USCIS announced that the fee applies to new H-1B petitions filed after September 21, 2025, on behalf of foreign nationals 1) who are outside the United States and 2) do not have a valid H-1B visa. In addition, the fee applies to petitions that request a change of status or amendment or extension of stay and the USCIS determines that the foreign national is ineligible for a change of status or an amendment or extension of stay.
Importantly, the fee does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to September 21, 2025. In addition, the fee does not prevent any holder of a current H-1B visa, or any foreign national following petition approval, from traveling in and out of the United States. The fee also does not apply to a petition that requests an amendment, change of status, or extension of stay for a foreign national inside the United States where the person is granted such amendment, change, or extension. Further, the foreign national is not subject to the fee if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa.
How to make the $100,000 payment
For those applications subject to the fee, the USCIS created a site for applicants to pay the fee, which can be found at pay.gov. Payment can be made only by ACH and receipt for payment must be submitted with the application. Petitions subject to the fee that are filed without a copy of the proof of the payment will be denied.
Exceptions granted by the Secretary of Homeland Security
Exceptions to the new fee can be granted by the Secretary of Homeland Security in circumstances where the Secretary has determined that a particular worker’s presence in the United States is in the national interest, that no American worker is available to fill the role, that the worker does not pose a threat to the security or welfare of the United States, and that requiring the petitioning employer to make the payment on the worker’s behalf would significantly undermine the interests of the United States. The DHS created an email address (H1BExceptions@hq.dhs.gov) for employers to submit exemption requests.
The Gold Card
On September 19, 2025, President Trump also issued an Executive Order titled “The Gold Card.” The order states that it is intended as a way to “realign” immigration policy with the national interest, through the creation of a new “Gold Card” visa program “prioritizing the admission of aliens who will affirmatively benefit the Nation, including successful entrepreneurs, investors, and businessmen and women.” The program would facilitate the entry of persons from abroad who can demonstrate their desire to advance the interests of the United States by providing a “significant financial gift to the Nation.”
The order directs the Commerce Department to accept $1 million “gift” payment from individuals or $2 million if paid by a corporation on behalf of an individual. That money would then be used “to promote commerce and American industry, consistent with the statutory authorities of the Department of Commerce.” Then, the Department of Homeland Security will consider the gift payment as evidence that the applicant meets the criteria for lawful permanent residence under two existing categories.
The order directs relevant federal agencies to create a process to implement the Gold Card within 90 days, including to create a new process for “expedited adjudication” of green card applications.