Trump imposes $100,000 payment on many new H-1B petitions; unveils $1M Gold Card program

President Trump signed a Proclamation titled 'Restriction on Entry of Certain Nonimmigrant Workers' on Sep. 19, 2025. The Proclamation became effective at 12:01 a.m. Eastern on Sep. 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 Sep. 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.