September 19, 2025
Trump imposes $100,000 payment on many new H-1B petitions; unveils $1M Gold Card program
Tech industry warns Silicon Valley workforce crisis as visa costs skyrocket
September 19, 2025
Tech industry warns Silicon Valley workforce crisis as visa costs skyrocket
President Donald J. Trump signed a proclamation on September 19, 2025 that requires a $100,000 payment to accompany new H-1B petitions filed on or after 12:01 a.m.
EDT on September 21, 2025. The White House and implementing agencies clarified that the requirement does not apply to petitions filed before that date, to already approved petitions, or to holders of currently valid H-1B visas.
The administration also announced a paid ''Gold Card'' program, described by officials as a $1,000,000 pathway to expedited lawful permanent residency, and a higher-tier ''Platinum Card'' tied to a larger contribution and special residency terms.
Several large employers, including Microsoft and other multinational firms, issued internal guidance urging employees abroad to return or avoid travel until agencies issued implementing rules.
Legal advocates and employer groups have filed and signaled rapid litigation challenging the proclamation and its implementation.
President Trump signed a Proclamation titled 'Restriction on Entry of Certain Nonimmigrant Workers' on September 19, 2025. The Proclamation became effective at 12:01 a.m. Eastern on September 21, 2025 and requires a $100,000 payment to accompany any new H-1B petition filed after that time.
The White House and DHS/USCIS guidance say the $100,000 payment does not apply to petitions filed before 12:01 a.m. EDT on September 21, 2025, to already approved H-1B petitions, or to current H-1B visa holders traveling on valid stamps. Agencies described the payment as a one-time requirement on new petitions.
The administration announced a paid 'Gold Card' program with a reported $1,000,000 individual contribution and a proposed 'Platinum Card' reported at $5,000,000 with special residency terms (reports cite up to 270 days of U.S. presence). DHS vetting and processing fees were reported separately in early guidance.
Major employers reacted quickly. Multiple large firms circulated internal guidance advising H-1B employees abroad or dependents to return to the U.S. before the proclamation's effective time, pending agency implementing guidance. Immigration attorneys advised caution on travel.
Multiple legal challenges were filed or quickly threatened. Plaintiffs include healthcare, academic, and religious organizations arguing statutory and constitutional defects. Agencies's reliance on INA §212(f) and national-interest language is the administration's stated legal basis.
Key implementation gaps remain. Agencies began publishing FAQs and limited guidance but did not provide fully operational payment mechanisms or exhaustive rules on which categories of 'new' filings (amendments, transfers, cap-exempt petitions for beneficiaries abroad) will require payment. That uncertainty drove employer and lawyer advisories.
President who signed the September 19, 2025 Proclamation
Secretary of Commerce
White House spokesperson
Former Obama administration adviser and immigration commentator
Major employers with large H-1B populations
understanding
Monitor agency implementation guidance and payment mechanisms
Follow DHS, USCIS, CBP and State Department guidance for rules on who must pay and how to remit the $100,000 payment.
practicing
Track court filings and injunctions
Watch filings in federal courts challenging the proclamation to determine whether the fee is enjoined or narrowed.
civic action
Advise employees on travel only after official agency guidance
Until agencies publish payment procedures and firm exemptions, counsel employees to avoid nonessential international travel and consult immigration counsel about pending or planned filings.