From Campus to Capitol: How New Immigration Rules Will Reshape International Student Pipeline (Part 4) – The Dual Impact of H-1B Entry Restrictions and the Gold Card Program

On September 19, 2025, President Trump signed a Presidential Proclamation imposing a one-time fee of $100,000 on new H-1B visa applications, marking one of the most stringent restrictive measures on employment-based immigration in recent years. Concurrently, the government launched the "Trump Gold Card" program, offering expedited permanent residency to immigrants who invest a specified amount.

These parallel policies reflect a significant shift in U.S. immigration strategy: tilting toward high-value economic contributors while substantially restricting traditional pathways for skilled workers. Faced with this major transformation, enterprises must promptly adjust their talent acquisition strategies, reevaluate immigration compliance costs, and explore alternative solutions to maintain their competitive edge.

If you and your company have questions about U.S. immigration policy or need tailored legal support, please contact our Partner, Anna Sun, at contact@consultils.com.

H-1B Restriction Framework

Due to the ambiguous wording of the September 19 Presidential Proclamation, White House Spokesperson Karoline Leavitt and U.S. Citizenship and Immigration Services (USCIS) issued key clarifications via the X platform and official memoranda on September 20. Subsequently, USCIS released relevant H-1B Frequently Asked Questions ("H-1B FAQ") on its official website on September 21, at the same day, the U.S. State Department issued a proclamation restricting the entry of certain nonimmigrant workers. The following is an authoritative interpretation compiled based on five official documents.

Effective Date and Validity Period

The Presidential Proclamation took effect at 12:01 a.m. on September 21, 2025, with a validity period of 12 months, which is renewable.

Entry Requirements

• Employers submitting H-1B applications must attach or subsequently supplement the $100,000 fee. This is a one-time fee, not an annual one.

• For the largest H-1B employers, such as technology companies like Microsoft and Amazon, as well as outsourcing firms like Cognizant, this could mean an additional annual cost burden exceeding $1 billion.

Applicable Targets

• New applications submitted after September 21, 2025. The Presidential Proclamation did not clearly specify whether "new applications" include H-1B renewal, change of employer, or labor condition amendment applications. However, according to the H-1B FAQ released by USCIS, H-1B renewals have been explicitly excluded from the scope of "new applications." Meanwhile, the H-1B FAQ further emphasizes that applicants for the 2026 lottery will inevitably be affected.

• H-4 Dependents: If the primary H-1B applicant is unable to enter the U.S. due to restrictions under the Presidential Proclamation, H-4 dependents will also be unable to enter using their derivative status.

  
  

  

  （USCIS H-1B FAQ）

  
  

Unaffected Groups

• Domestic H-1B holders include those who submitted applications before September 21 and are still under review, as well as those who were approved in the 2025 lottery and are waiting to change their status to H-1B within the country starting October 1.

• Foreign individuals who submitted H-1B applications before September 21, 2025, and have obtained approval, regardless of whether they already hold a valid visa, are not subject to restrictions. According to the USCIS memorandum, individuals who were approved in the 2025 lottery but are still overseas and need to enter the U.S. to "activate" their H-1B status are also interpreted as being excluded from the scope of application and can enter the U.S. normally without paying the $100,000 fee.

• H-1B renewals submitted after September 21, 2025.

• Recipients of National Interest Waivers, which can be determined and granted on a case-by-case basis by the Department of Homeland Security (DHS) based on national interests.

Warm Reminder: Even if employees hold an approved I-797 and a valid visa, it is advisable to postpone travel and wait for more detailed implementation guidelines to be clarified.

Anti-Abuse Measures

The Presidential Proclamation specifically emphasizes that the Department of State should restrict individuals with approved H-1B visas from abusing B visas, preventing them from entering the U.S. on a B visa and then changing their status to evade the fee. This provision places higher requirements on corporate compliance.

Pending Further Clarifications

Currently, there are still several key implementation details that remain unclear and require further clarification, such as:

• Does the "new applications" mentioned in the Presidential Proclamation include applications for changing employers or amending labor conditions? From the perspective of USCIS approval and submission procedures, such applications are usually regarded as new applications. Although the H-1B FAQ has clearly stated that H-1B renewals submitted on or after September 21 do not require payment of the $100,000 fee, it does not specify whether this fee applies to applications for changing employers or amending labor conditions. However, judging from the legislative intent and actual scope of crackdown of this policy, individuals who already hold H-1B status do not seem to be the main targets.

• Will the $100,000 fee be collected separately or included in the existing application fees?

• What will the payment process for the fee be?

• Will all cap-exempt cases (such as universities, research institutions, non-profit organizations, etc.) be fully exempted, or only partially exempted?

Regarding the above unresolved issues, we will continue to monitor and share updates in a timely manner.

The Parallel Strategy of the Gold Card

On the same day, the White House announced the establishment of the "Trump Gold Card" program: individuals who donate $1 million to the U.S. Department of Commerce, or whose companies donate $2 million on their behalf, can apply for an immigrant visa through an expedited process. The donation record will be regarded as strong evidence for EB-1A "Extraordinary Ability in Business" or EB-2 NIW "National Interest Waiver" applications.

The launch of the Gold Card is no accident; it serves as a "balancer" to the tightened H-1B policy. Politically, it appeases voters concerned about employment opportunities by emphasizing that the government is restricting the influx of "cheap foreign labor." Economically, by significantly increasing the entry cost for ordinary foreign employees, it forces enterprises to rely more on and invest in local labor in recruitment and operations. Structurally, this policy combination reshapes the immigration landscape through the parallel implementation of a "punitive threshold" and an "elite pathway," thereby selecting the immigrant groups defined by the government as "most valuable."

	H-1B Entry Restriction Policy	Gold Card Policy
Policy Objective	Control H-1B abuse and protect the wages and employment of local workers	Attract high-value capital and accelerate immigration for high-end talents
Applicable Targets	New applications submitted on or after September 21, 2025	All applicants who meet the donation threshold
Fee Threshold	One-time fee of $100,000	Donation of $1 million - $5 million
Waiver Mechanism	National Interest Waiver (DHS may determine on a case-by-case basis)	Donation grants eligibility for the expedited pathway

Legal Risks and Compliance Challenges

From a legal perspective, the constitutionality of this Presidential Proclamation may face significant challenges. Under the U.S. Constitution, the setting of immigration and visa fees typically requires legislative authorization from Congress. The President's unilateral establishment of a $100,000 entry fee may be criticized as exceeding executive authority. Meanwhile, the procedural legitimacy of the Proclamation is also questionable: it took effect directly without going through public comment solicitation or regular legislative procedures, which lays the groundwork for potential judicial challenges.

For this reason, there is obvious uncertainty regarding the stability of this policy. Even though it has officially taken effect currently, in the coming months, relevant lawsuits or congressional reviews may change its scope of application, or even lead to the partial or complete revocation of the Proclamation. For employers, this means that when formulating human resources and employment plans, they must also consider the practical risk that the policy may be overturned or adjusted at any time.

Recommendations for Employers' Response

Urgently Assess Employee Situations

• Conduct an inventory of the visa status, I-797 validity periods, and geographical locations of all H-1B employees to identify high-risk groups "overseas who need to return to the U.S."

• Evaluate the possibility of obtaining National Interest Waivers, especially for positions in STEM fields, scientific research, and critical infrastructure.

Budget and Cost Adjustments

• Redesign the compensation structure to include $100,000 per case in the human resources budget, and assess which positions are worth additional investment.

• Communicate with labor lawyers to explore ways to reduce corporate employment costs while increasing employee retention time, such as designing compensation packages, offsetting signing bonuses, and establishing service period constraint mechanisms.

• Consider and compare the Gold Card donation program – for senior management or key technical personnel, determine whether it is a better option than the traditional H-1B pathway.

Consider Alternative Visa Pathways

• O-1 Visa for Extraordinary Ability: No annual cap, with an approval rate of over 94%, available for professionals who have achieved extraordinary accomplishments in the fields of science, technology, business, education, or sports.

• L-1 Visa for Intracompany Transferees: Currently not affected by the $100,000 fee restriction and has high policy stability.

• Region-Specific Advantage Programs: Foreign workers holding citizenship of Canada, Mexico, or Australia may choose TN or E3 visas, which function similarly to H-1B visas but have slightly lower application thresholds.

• EB-1 or EB-2 NIW: Skip the temporary visa stage and directly apply for a green card.

Internal Policies and Compliance Controls

• Collaborate with HR/legal departments to develop overseas travel management and application compliance procedures to avoid additional costs caused by employees' travel.

• Retain all application, payment, and approval records in preparation for audits by DHS/the Department of State.

Collaborate with External Lawyers and Conduct Continuous Monitoring

• Maintain continuous communication with professional immigration lawyers to obtain new guidelines from DHS/USCIS in a timely manner.

• Monitor the progress of potential lawsuits and congressional developments, and adjust recruitment and deployment strategies when necessary.

Conclusion

The simultaneous implementation of H-1B entry restrictions and the Gold Card program reflects the "dual-track" nature of U.S. immigration policy:

• On one hand: High thresholds and fee barriers prevent the large-scale entry of low-cost foreign labor.

• On the other hand: Through a capital and elite-oriented approach, it clears the way for a small number of high-value immigrants.

We recommend that employers take immediate action to establish specialized immigration, labor compliance, and cost control mechanisms. If you need legal advice tailored to specific employee situations or an assessment of National Interest Waiver programs, please contact the ILS Immigration Team. We will provide you with customized solutions to ensure that your enterprise can still safeguard talent mobility and minimize compliance risks amid major policy changes.

Emergency Contact Hotline： 626-344-8949

Email Inquiry： immigrationlaw@consultils.com

As part of the "From Campus to Capitol" article series, we have released three in-depth analyses focusing on changes to U.S. immigration policies:

1. The first article focuses on the Trump administration’s proposal to "end the abuse of foreign student visas"; click the link to read the full text.

2. The second article interprets the U.S. Department of State’s tightening of non-immigrant visas; click the link to read the full text.

3. The third article analyzes H-1B visas: the reform from random lottery to a "weighted selection" system; click the link to read the full text.

Disclaimer：This article is based on the latest policy information as of September 21, 2025. Given the rapid changes in immigration policies, it is advisable for enterprises to pay close attention to official updates and consult professional immigration lawyers for the latest guidance. Our firm will continue to track policy developments and provide clients with timely and accurate professional services.

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As Partner and Head of Immigration at ILS, Anna advises global employers on all aspects of U.S. business immigration. She helps companies recruit and retain executives and highly skilled professionals essential to their U.S. operations, with experience spanning industries from autonomous driving and biotech, to entertainment, logistics, and manufacturing.

Previously, Anna practiced at leading global law firms and served as in-house counsel and compliance manager in the telecommunications, finance, and gaming industries. This diverse background equips her with practical, cross-industry insights that inform strategic, business-focused immigration solutions.

Email: contact@consultils.com | Phone: 626-344-8949