Immigration Updates: H-1B Restrictions and Gold Card Program

Workforce
 

The Trump Administration recently released two immigration related actions.  

First, the President signed a proclamation to restrict the entry into the United States of certain H-1B non-immigrant worker visas, requiring a $100,000 payment to accompany or supplement H-1B petitions for new applications. The restriction applies only to new entrants and includes provisions for national interest exemptions at the Secretary of Homeland Security’s discretion. The policy remains in effect for 12 months unless extended. 

The H-1B nonimmigrant visa program, created through the Immigration Act of 1990, allows U.S. employers to temporarily employ foreign workers in specialty occupations requiring bachelor’s degrees or higher. With an annual cap of 65,000 visas plus 20,000 for advanced U.S. degree holders, the program operates through a lottery system due to consistently high demand. For the H-1B petitions approved in FY 2024, computer-related occupations were the largest major occupational category, accounting for 64 percent of all beneficiaries. The next largest major occupational group was architecture, engineering, and surveying with 10 percent. Medicine and Health accounted for less than 5 percent.  

Further related information can be found here on this update: U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Memo and H-1B FAQ.  

The second action was an Executive Order​, which establishes “The Gold Card” program offering expedited permanent residence pathways for individuals willing to make substantial financial gifts to the United States. The Executive Order establishes a $1million gift requirement for individual applicants and $2 million for corporate sponsors, with funds deposited in a separate Treasury account for “promoting commerce and American industry.” 

The H-1B restrictions took immediate effect on September 21, 2025, while the Gold Card program requires 90 days for full implementation including application processes and fee structures.