For H-1B Professionals, September 19 Brings New Barriers, and EB-5 Offers a Way Forward
On September 19, 2025, President Trump issued a proclamation imposing a $100,000 fee on H-1B petitions for workers seeking to enter the United States from abroad, effective September 21. For now, the proclamation is scheduled to last twelve months, through September 20, 2026, but it remains to be seen whether it will be extended. While the action does not eliminate the H-1B program, it dramatically increases the cost of employing foreign talent and introduces a level of uncertainty not seen before.
Who Pays the $100,000 and Why It Matters
The proclamation states that beginning September 21, 2025, H-1B petitions for individuals outside the United States must be accompanied by a $100,000 payment. In practice, this burden will fall on employers. For many industries that depend on global talent, such as technology, healthcare, research, and engineering, this creates a profound challenge. Absorbing such a cost on top of existing filing fees, legal fees, and compliance expenses could make the hiring of foreign workers prohibitively expensive. For startups and mid-sized businesses, the effect could be devastating. Even for large corporations, a single H-1B hire from abroad will now cost more than ten times the previous government filing fees, forcing companies to rethink workforce planning.
Potential Carve-Outs and Exemptions
The proclamation allows the Department of Homeland Security to exempt individuals, companies, or entire industries if employing H-1B workers is determined to be in the “national interest.” While agency guidance has not yet been released, industries such as defense, healthcare, and critical infrastructure are likely candidates. Employers should begin preparing arguments that highlight their contributions to U.S. economic, technological, or security priorities. Until carve-outs are clarified, uncertainty will dominate, and many companies will be forced to pause or reconsider overseas hiring plans.
H-1B Workers Abroad: The Immediate Risk
For H-1B professionals currently outside the United States, the impact is immediate. Beginning September 21, reentry will require a petition accompanied by the $100,000 payment. This new barrier threatens to delay or derail employment altogether and creates major unpredictability for workers and employers alike. For those who can afford it, EB-5 provides a more predictable path. Reserved EB-5 categories remain current through the end of October 2025, giving qualified applicants from India, China, and all other countries an opportunity to move forward now. We will continue to monitor the monthly Visa Bulletin and provide updates as availability evolves.
H-1B Workers Inside the United States: The Longer-Term Risk
H-1B employees already in the United States are not directly subject to the $100,000 fee, as it applies only to entries after September 21. Extensions, amendments, and change-of-employer filings remain unaffected. Yet the broader lesson is unavoidable, foreign worker programs can be dramatically altered overnight. Students on OPT who plan to rely on H-1B should be wary of the shifting landscape. Even current H-1B workers may hesitate to travel internationally, knowing that returning could trigger an extraordinary financial burden for their employer. In this climate, EB-5 offers a more stable solution for those who wish to secure long-term status without fear of sudden, restrictive changes.
The Gold Card Announcement: High Cost, Long Waits
On the same day, the administration unveiled a new “Gold Card” program, requiring investments of $1 million for individuals or $2 million for corporations sponsoring employees. Early indications are that the Gold Card may be processed under existing EB-1 or EB-2 categories. If true, applicants from India and China face long waits due to existing backlogs.
Every month USCIS announces whether adjustment of status filings will be accepted under Table A (Final Action Dates) or Table B (Dates for Filing). For October 2025, USCIS has confirmed that Table B applies to employment-based filings inside the United States. This means:
EB-1 (inside the U.S.): India February 15, 2023, China April 1, 2023, All Other Countries Current
EB-2 (inside the U.S.): India May 15, 2014, China January 1, 2022, All Other Countries January 1, 2024
By contrast, applicants outside the U.S. must use Table A, which remains more restrictive as indicated above, with years of waiting for India and China in EB-1 and EB-2 and retrogression for all countries in EB-2.
When viewed against these delays, EB-5 stands apart. Reserved EB-5 categories are still current through the end of October, both for applicants inside and outside the United States, making EB-5 the clearest and most accessible route at present.
EB-5: The Clear Choice Today
Compared to the instability of H-1B and the unpredictability of the Gold Card, EB-5 remains the clearest path to permanent residency. Reserved EB-5 categories are current through October 2025, allowing applicants from all countries, including India and China, to file now. The Regional Center Program is authorized through September 30, 2027. Separate from that sunset, the RIA’s grandfathering provision protects petitions filed on or before September 30, 2026, ensuring they continue to be processed even if the program later lapses. Petitions filed after that date would not be grandfathered if authority is not extended, which is why waiting until 2027 entails greater uncertainty. We will continue to monitor the monthly Visa Bulletin and provide updates as availability evolves.
At LAWMAKS, we strongly discourage any international travel for existing H-1B holders or individuals intending to file for H-1B. If you are abroad, we recommend making every effort to return before September 21, 2025, to avoid being subject to the new $100,000 requirement. For those already in the United States, we advise against travel until further clarity is provided. In light of these restrictions and uncertainties, EB-5 stands out as the most stable and viable option for those seeking certainty and a direct path to permanent residence.
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