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

U.S. immigration policy shifted dramatically between the second half of 2025 and early 2026. Two executive decisions reshuffled the landscape for foreign professionals and investors: the $100,000 fee on certain H-1B petitions and the creation of the Trump Gold Card, a permanent residency pathway tied to large financial contributions.

For companies recruiting global talent and professionals planning a career in the United States, understanding the legal and operational framework of these measures is essential to deciding whether to continue with H-1B, shift to alternatives such as EB-1, EB-2, O-1, and L-1, or evaluate the new investment program.

Presidential Proclamation 10949 and the $100,000 Fee

On September 19, 2025, President Donald Trump signed Presidential Proclamation 10949, titled Restriction on Entry of Certain Nonimmigrant Workers. Invoking Section 212(f) of the Immigration and Nationality Act, the proclamation restricts entry for H-1B beneficiaries whose employers have not remitted an additional $100,000 payment to the U.S. Treasury.

Who is subject to the fee

The fee applies to new H-1B petitions filed after the proclamation’s effective date when the beneficiary is outside the United States at the time of filing. The measure primarily affects professionals selected in the H-1B lottery for fiscal year 2027 who require consular processing.

The following are generally not affected:

• Status extensions for workers already present in the U.S.
• Employer transfers without departure from U.S. territory
• Amendments and role changes within the same company
• Beneficiaries who entered under another visa category and completed an internal change of status to H-1B

Discretionary exemptions

The proclamation text allows the Secretary of Homeland Security, in coordination with the Secretary of State, to grant case-by-case waivers when a worker’s entry is deemed to be in the national interest — particularly in the fields of healthcare, defense, scientific research, and national security. Detailed criteria continue to be developed by USCIS and DHS throughout 2026.

How the fee stacks up against existing costs

In 2026, a typical H-1B petition filed by a mid-sized company for a beneficiary abroad may include: I-129 ($780), ACWIA ($1,500), Fraud Prevention and Detection Fee ($500), Asylum Program Fee (up to $600), and now the $100,000 fee under Proclamation 10949. The total cost comfortably exceeds $103,000 per worker. For employers who opt for premium processing ($2,805), the figure approaches $106,000.

The Gold Card: Permanent Residency Through Financial Contribution

In parallel, the White House formalized the Trump Gold Card framework in September 2025 — an immigration-by-contribution program that differs substantially from EB-5 investments.

Amounts and mechanics

According to the official design published by the Department of Commerce:

• Individuals: $1 million contribution directly to the U.S. Treasury
• Corporations: $2 million contribution to sponsor a foreign worker
• Priority processing: expedited petition review toward permanent residency

A portal for expressions of interest was opened by the government in early 2026, but the actual issuance of the first cards depends on supplemental rulemaking and the outcome of potential legal challenges to the program’s statutory foundations.

Differences from EB-5

The EB-5, created by the Immigration Act of 1990, requires an investment of $800,000 in a targeted employment area or $1,050,000 in standard areas, with documented creation of at least 10 direct or indirect full-time jobs for U.S. workers. The entire structure is regulated by USCIS, overseen by the SEC when regional centers are involved, and benefits from well-established case law.

The Gold Card, by contrast:

• Does not require job creation
• Does not involve a business investment — it is a donation to the Treasury
• Is administered primarily by the Department of Commerce, not USCIS
• Lacks the same statutory basis as Chapter IV of the INA, relying instead on executive proclamations

Legal and public policy concerns

Critics argue that creating an immigration category through direct donations to the Treasury — without Congressional approval — circumvents the structure of the Immigration and Nationality Act. Constitutional litigation and potential actions by civil society organizations are anticipated throughout 2026.

What These Changes Mean in Practice

For employers

Technology, engineering, and life-sciences companies that historically sponsored H-1B petitions in volume have had to revisit their global mobility budgets. Several patterns have emerged in 2026:

• Prioritizing candidates already on U.S. soil (avoiding the fee entirely)
• Shifting to alternative categories (O-1, L-1, EB-1B, EB-2 NIW) when the candidate’s profile allows
• Relocating roles to subsidiaries in Canada, the United Kingdom, or Ireland
• Negotiating fee co-payment clauses between employer and candidate (with care not to violate DOL rules on passing fees to employees)

For foreign professionals

For Brazilian, Indian, Chinese, and other internationally-trained professionals targeting the U.S., the equation has become more demanding. Pathways that have gained prominence:

• EB-2 NIW: no employer sponsorship required and no exposure to the H-1B fee
• O-1A: extraordinary ability in science, education, business, or athletics
• L-1: intracompany transfer for those already employed at a multinational
• EB-1A: self-petition for profiles with documented international recognition

For investors

Investors weighing the Gold Card should consider: the program still lacks full regulatory implementation, carries legal risk, and the contribution is non-refundable — unlike EB-5, where capital is invested in a productive project. For many, EB-5 remains the more predictable route in 2026.

The Consolidated Landscape as of April 2026

The U.S. immigration system in 2026 has reorganized around three axes: a significantly more expensive H-1B path, a new premium route through financial contribution, and heightened relevance for merit-based self-petition categories (EB-1, EB-2 NIW, O-1). Anyone planning a move to the United States needs to evaluate all of these routes with technical depth and sufficient lead time — because 2025 made it clear that rules can change overnight with a single executive act.

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.