(UNITED STATES) The Trump administration’s late-September rollout of a steep $100,000 one-time fee for new H-1B petitions has sent a shock through the U.S. immigration system and sparked a sharp turn among Indian professionals toward wealth-based residency routes. The fee, which took effect on September 21, 2025, applies only to first-time H-1B petitions and excludes renewals and extensions, but its size has already changed real plans on the ground for people who counted on the visa to build careers in the United States 🇺🇸. Suddenly, attention is shifting to the EB-5 investor visa, which requires a minimum $800,000 investment in a U.S. project, and to a newly announced Gold Card program that promises an even faster track to residency in exchange for a $1 million non-refundable contribution to the U.S. Treasury.
Immigration firms in Mumbai, Bengaluru, and Hyderabad say their phones have not stopped ringing since the fee went live, and employers are fielding urgent questions from candidates overseas who now face a price tag they did not expect.
Who is affected and how
- Applies to: New, first-time H-1B petitions filed on or after September 21, 2025.
- Does not apply to: Renewals, extensions, or changes of status for people already inside the U.S. on another visa.
- Immediate practical split: Those already inside the U.S. (for example on F-1 student visas) who change status are exempt; foreign graduates applying from abroad face the full $100,000 fee.
The announcement arrived as Indian nationals, who hold more than 70% of H-1B visas, were already struggling with a green card queue that can stretch decades for employment-based categories. For many, the immediate effect has been a rush to rework timelines—especially for those still outside the country who had planned to start a new H-1B job this fall.
“I dropped everything and got on a flight,” said Rohan Mehta, a software professional who asked to use a pseudonym to protect his employer. He said he paid more than $8,000 for last-minute tickets from India to the U.S. to make sure his change of status was handled before the new fee could trap him in place.
Employer and industry response
Major tech employers moved quickly to calm their workforces, noting that the fee does not apply to current staff who already hold H-1B status. Companies including Amazon, Microsoft, Meta, Apple, and Google informed teams that renewals and extensions would continue under the old cost structure.
- Employers’ immediate actions:
- Reassuring current H-1B employees about renewals/extensions.
- Fielding urgent questions from offshore candidates and campus recruits.
- Revisiting campus hiring, offshore transfers, and internal mobility budgets.
Alan Patricof, co-founder of Greycroft Partners, warned the fee will shut out many startups from hiring global talent: “There is not a single company that I have invested in the last 10 years that could afford to pay this.”
Elon Musk and other founders also criticized the policy, arguing it could push talent to Canada 🇨🇦 or Europe. The White House frames the fee as protecting American jobs and wages, pointing to the carveout for students in the U.S. as a pro-domestic training signal.
Surge toward EB-5 and the Gold Card
The policy shift has produced two major alternative pathways garnering interest:
- EB-5 Immigrant Investor Program
- Minimum investment: $800,000 (Targeted Employment Area) or $1,050,000 (non-TEA).
- Typical route: Most Indian investors use Regional Centers which bundle capital and handle job-creation calculations.
- Objective: A green card in return for investment that creates or preserves at least 10 full-time U.S. jobs.
- Recent surge: Analysts report more than 120 I-526E petitions submitted in the four months leading up to November 2025.
- Pros:
- Permanent residency tied to job creation.
- Certainty of pathway for some families.
- Cons / risks:
- Market risk and potential capital loss (anonymized investor recovered only ~40% in a failed 2010 solar project but received green cards).
- Complex and slow paperwork (I-526E → consular processing/adjustment → removal of conditions).
- Potential retrogression for India if filings surge.
- Gold Card program (executive order effective September 19, 2025)
- $1 million non-refundable contribution to U.S. Treasury (or $2 million via corporate sponsorship).
- No job-creation requirement or project diligence—administration frames it as a gift to industry, not an investment.
- Rapid uptake: India immigration firms report 30–40% increase in inquiries tied to the H-1B fee.
- Typical interest: Mid-career tech professionals with STEM backgrounds, often in their 30s–40s.
- Pros:
- Fastest route to residency for those who can afford it.
- Clean, non-project-based path—no market risk tied to an investment.
- Cons:
- Contribution is non-refundable.
- Program is new and may change with implementing guidance.
How families and candidates are reacting
- Some applicants are:
- Accelerating plans to study in the U.S. to change status there later (and avoid the $100,000 fee).
- Selling or refinancing assets to fund an EB-5 stake.
- Considering whether to pursue the Gold Card if liquidity allows.
- Practical family considerations:
- Aligning green card timing with children’s college timelines or aging-out concerns.
- Weighing the tradeoff of risking capital for permanence vs. paying a non-refundable fee for speed.
- Seeking home-equity loans or other financing to meet EB-5 thresholds.
“For many of our clients, this isn’t about returns—it’s about certainty,” said Gupta, an immigration consultant in Mumbai. “They’d rather invest in a project than a house, if it means their family never has to rely on the H-1B lottery again.”
Process, timing, and paperwork (EB-5 specifics)
- Typical EB-5 sequence:
- Select a Regional Center project.
- File I-526E petition (Immigrant Petition by Regional Center Investor).
- Consular processing or adjustment of status for conditional green card.
- After required job creation, file to remove conditions and obtain permanent residency.
- Key advice from lawyers:
- Keep clear records of funds and source-of-funds documentation.
- Choose Regional Centers with proven track records.
- Prepare for multi-year processing times and potential retrogression.
Official EB-5 form and guidance: Form I-526E, Immigrant Petition by Regional Center Investor
Employer tactics and labor-market effects
- Employers considering:
- Shifting budgets to in-country student hires who can change status inside the U.S.
- Sending roles to Canada, Mexico, or expanding remote teams overseas.
- Pausing international mid-career hires, especially for startups and mid-size firms that cannot absorb the $100,000 fee.
- Potential consequences:
- Fewer first-time H-1B hires from overseas in the near term.
- Talent headcount drifting to jurisdictions with friendlier policies.
- Knock-on effects for U.S. cities reliant on skilled immigrant labor in software, semiconductors, and bioengineering.
Warnings, limitations, and strategic pivots
- Critical deadlines and clarifications:
- The $100,000 charge applies only to new petitions filed on or after September 21, 2025.
- It does not apply to renewals, extensions, or changes of status for people already inside the U.S.
- Strategic responses observed:
- Some candidates booking last-minute travel to enter the U.S. and change status before the fee applies.
- Employers asking for immigration-fee clauses or offering remote roles until candidates secure safer options.
- Some families choosing lower-risk EB-5 sectors (student housing, battery storage, oil terminals) that advisers say produce steadier job counts.
“We focus on sectors with consistent demand—student housing, battery storage, oil terminals—where economic cycles have less impact,” said Gupta. Lawyers stress that despite stronger approval prospects for well-structured projects, the risk of capital loss remains.
Bottom line and outlook
- Comparative snapshot:
- H-1B (new first-time petition): $100,000 fee (as of Sept 21, 2025) — critical for offshore hires.
- EB-5 (TEA): $800,000 minimum investment — permanence with project risk and slow processing.
- Gold Card: $1,000,000 non-refundable contribution — fastest route for those who can afford it.
- The policy changes have shifted the center of gravity for many Indian professionals weighing U.S. residency options. Recruiters, founders, and families are adjusting to a world where:
- A first-time H-1B petition could cost $100,000.
- An $800,000 project stake can start an EB-5 case.
- A $1 million contribution might unlock a fast route to residency.
The next months will show whether:
– EB-5 filings continue to rise,
– Gold Card interest turns into completed applications, and
– Employers permanently alter hiring plans to avoid new costs.
In homes across India—and in U.S. offices from Seattle to Austin—the calculations are underway, and the choices are stark.
Frequently Asked Questions
This Article in a Nutshell
A $100,000 one-time fee for new H-1B petitions, effective September 21, 2025, has disrupted hiring and immigration plans, especially for Indian nationals who hold over 70% of H-1B visas. The change accelerated interest in EB-5 investor immigration—requiring $800,000 in TEAs—and in the newly created Gold Card, a $1 million non-refundable Treasury contribution effective September 19, 2025. Employers reassure existing H-1B staff but face recruitment and budgeting shifts; candidates and families are reassessing study, travel, investment, and financing strategies.
