The $100K H-1B Fee and the Gold Card: What Changes in 2026

U.S. immigration policy underwent two major shifts in 2025 that continue to shape decisions by companies, professionals, and investors in 2026. The first was the imposition of a $100,000 supplemental fee on new H-1B petitions filed on behalf of workers located outside the United States. The second was the announcement of the so-called Gold Card Visa, a proposal for permanent residency tied to multimillion-dollar financial contributions. Together, these measures are redrawing the calculus for those seeking to work or invest in the United States, and they demand careful technical understanding before any mobility decision is made.

The New H-1B Fee

On September 19, 2025, the President signed a presidential proclamation creating a $100,000 supplemental fee applicable to certain H-1B petitions. The measure took effect at 12:01 a.m. Eastern Time on September 21, 2025, marking the largest single cost increase ever imposed on the program in its history.

After days of confusion about the scope of the measure, U.S. Citizenship and Immigration Services (USCIS) and the White House clarified that the fee applies only to new H-1B petitions filed on behalf of workers who are located outside the United States and who will require consular processing to obtain the visa. Excluded from scope were: extensions, employer transfers for workers already present in the United States, change-of-status filings, amendments to employment terms, and amendments for professionals who already hold a valid H-1B.

For employers, the practical reading is straightforward. Hiring a professional already in the United States under any valid status remains relatively accessible, while bringing a candidate directly from abroad has become a capital-intensive undertaking. Smaller companies and startups, which historically sponsored international talent as a competitive advantage, have begun reconsidering the use of H-1B for offshore hires.

Who Absorbs the Fee

The H-1B is an employer-sponsored visa: the petition is filed by the employer, and the law prohibits passing petition costs on to the worker. This applies to the $100,000 supplemental fee as well. In practice, the U.S. employer absorbs the cost, which drastically narrows the universe of companies willing to finance an international hire under the new rule.

Technology, engineering, and scientific research sectors have historically concentrated H-1B usage. Large employers have adjusted their strategies with more internal transfers via L-1, conversions to EB-1 or EB-2 where the profile allows, and expanded use of O-1 for professionals with extraordinary abilities. For international professionals, the immediate effect is a loss of H-1B’s competitiveness as an entry point into the U.S. market.

The Gold Card Visa

The second proposal announced in 2025 was the Gold Card Visa, originally described as an accelerated path to permanent residency through a financial contribution of $5 million per individual. The proposal was presented as a replacement for or alternative to the EB-5 program — a category that, unlike the Gold Card, requires investment in a qualifying project, job creation, and USCIS regulatory oversight.

The Gold Card, as announced, would shift part of the decision-making structure to the Department of Commerce, bypassing the traditional immigration petition process. Critics argue that it places immigration benefits within reach of whoever has the financial capacity, without the checks that EB-5 offers in terms of job creation and measurable economic impact.

To date, the Gold Card remains an executive announcement, not a fully operational statutory category. Any migration decision based on this proposal requires close monitoring of subsequent regulatory actions and consultation with official sources before committing capital.

EB-5 Remains the Regulated Route

For those with significant capital seeking permanent residency, the EB-5 continues to be the established legal pathway. The program requires a minimum investment of $800,000 in Targeted Employment Areas or $1.05 million in standard areas, with the creation of at least ten qualifying jobs within two years. The 2022 reform, known as the EB-5 Reform and Integrity Act, modernized the program and introduced annual visa set-asides for rural investors, high-unemployment areas, and infrastructure projects.

Compared to the announced Gold Card, the EB-5 offers procedural predictability: published adjudication timelines, USCIS review, and a legal framework consolidated in immigration case law.

Alternatives for Qualified Professionals

In the face of rising H-1B costs, professionals with technical or academic profiles are evaluating categories that do not require U.S. employer sponsorship — or that make sponsorship more predictable.

The EB-2 National Interest Waiver allows the professional to file the petition directly, without a job offer or labor certification, provided they demonstrate that their work serves the national interest of the United States. It is the most widely chosen route for STEM professionals with a master’s degree, doctorate, or bachelor’s degree plus five years of progressive experience.

The EB-1A, for individuals with extraordinary ability, requires no employer and offers processing priority. It requires robust evidence of sustained national or international recognition.

The O-1A, while nonimmigrant, is frequently used as a bridge to EB-1A or EB-2 NIW and accommodates multiple employers or qualified self-employment.

Each category carries distinct requirements, government fees well below the new H-1B surcharge, and is largely independent of a U.S. company’s willingness to bear extraordinary expenses.

How to Assess the Impact on Your Situation

Professionals and companies that were structuring moves under H-1B need to review three points before deciding on next steps: the worker’s location at the time of the petition, whether a valid U.S. status exists that would allow an internal transfer, and whether it is possible to move directly to an immigrant category rather than going through a temporary work visa.

Corporate contractors assess whether the role qualifies under L-1A or L-1B (intracompany transfers), E-2 (for nationals of treaty countries with an investment structure), or long-term employment-based routes. For independent professionals and entrepreneurs, EB-2 NIW and O-1A remain relevant pathways even under the new landscape.

The regulatory environment continues to evolve. Litigation against the H-1B fee proclamation has been filed in federal courts, and the final shape of the Gold Card depends on subsequent regulatory actions. Definitive decisions should account for both the current framework and the possibility of changes throughout 2026.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.