Presidential Proclamations: New “Gold Card” & $100K H-1B Fee

Urgent Update for Skilled Workers

 

On Friday, September 19, the White House issued 2 new proclamations that impact skilled workers:

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What Changed

1. “Gold Card” Immigrant Visa Announced (Executive Order Signed).

 

Applicants who make a $1,000,000 gift (or $2,000,000 via a corporate sponsor) to the U.S. would receive expedited processing toward lawful permanent residence after vetting by the U.S. Department of State and U.S. Department of Homeland Security.

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The administration has indicated that this program may replace the EB-1 and EB-2 pathways in part or in full, a scheme that would certainly face many legal challenges. However, at this point, program mechanics (forms, fees beyond the “vetting fee,” and timing) are still being built.

 

2. New $100,000 Fee Tied to H-1B Entries (Executive Action).

 

The administration announced an additional $100,000 fee for those seeking to enter the U.S. in H-1B status, signaling a significant program crackdown. Early reporting indicates large employers are advising H-1B workers to avoid international travel until agencies publish procedural guidance.

Though details on who pays, when it applies, and any exemptions are not yet fully published, USCIS has released the following Frequently Asked Questions on their website: https://www.uscis.gov/newsroom/alerts/h-1b-faq

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Though these FAQ's indicate that existing H-1B visa holders are not subject to the Proclamation, it is recommended that H1B visa holders refrain from international travel until there is confirmation that USCIS and CBP are following this published guidance.

 

What’s Clear vs. What’s Pending 

 

 

Clear (from official/executive communications and major outlets): 

 

• A Gold Card framework has been ordered; implementation steps are underway.

• A new $100,000 H-1B fee has been announced via executive action; operational details remain unsettled.

 

Pending/Unclear (Expect agency guidance): 

 

• Effective dates and payment mechanics for the H-1B fee (e.g., at visa stamping, admission, or petition stage), and whether any exemptions apply (nonprofits, universities, cap-exempt roles).

• How the Gold Card will interact with existing EB-1/EB-2 categories, given public statements suggesting replacement and the likelihood of legal and operational challenges before any sunset of current pathways.

 

What We Expect 

 

This is a sweeping pivot toward capital-based immigration pathways while raising costs on employer-sponsored skilled labor. Expect rapid-fire agency guidance, potential litigation, and transition rules that may evolve over weeks, not months. We’re monitoring agency memos and will update clients as soon as binding instructions are published.

 

Schedule a Consultation Now 

 

Schedule a consultation with our team to discuss your immigration strategy.

If you'd like to explore the O-1 visa as an alternative to the H-1B, please schedule a free consultation with one of our attorneys.

 

Test Your Eligibility 

 

Curious about your eligibility?

• Our O-1 Visa Quiz quickly gauges whether your achievements in science, business, arts, athletics, or education align with “extraordinary ability” criteria—covering awards, media, critical roles, judging, and more.

  • Take the O-1 Visa Quiz Now!

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• Our EB-1A Quiz screens for EB-1A (extraordinary ability) and EB-1B (outstanding professors/researchers) factors, offering a snapshot of strengths, potential gaps, and next steps you can discuss with counsel.

  • Take the EB-1A Quiz Now!

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Disclaimer & Contact 

 

Global Talent Immigration Law Group 310-730-5655 | info@globaltalentlaw.com 

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This newsletter is for informational purposes only and does not constitute legal advice. Please consult with an attorney for advice on your specific situation.