In recent weeks, the White House has released two significant immigration-related executive orders that are likely to reshape decision-making for foreign professionals and their families. One order imposes a new $100,000 fee on H-1B petitions. The other introduces a new “Trump Gold Card” program with $1M and $2M contribution levels. Together, these developments highlight both the volatility of US policy changes and the need for investors to seek stable, legally grounded alternatives such as the EB-5 Immigrant Investor Program.
H-1B: A New $100,000 Petition Fee
The first executive order introduces a one-time $100,000 fee for new H-1B petitions, payable by the sponsoring corporation. Importantly, the rule does not affect current visa holders: renewals, reentry, and ongoing employment remain unchanged. Instead, the fee applies exclusively to first-time petitions and will take effect with the next H-1B lottery cycle.
The stated intent is to discourage companies from sponsoring entry-level foreign workers and to limit H-1B usage to highly specialized roles that cannot be filled domestically. For international professionals considering their future in the United States, this change adds a new layer of uncertainty. Employers may hesitate to sponsor H-1B candidates at all, potentially closing off what has long been a primary path for skilled workers.
As a result, many professionals looking to work in the United States are expected to explore more secure alternatives, such as the EB-5 visa. LCR Capital Partners has long been an expert in assisting clients in converting from an H1-B to an EB-5 visa.
The “Trump Gold Card”: A Costly Alternative
The second executive order establishes the Trump Gold Card program. While still in the early stages, the program is divided into two tiers:
- $2M “Corporate Gold Card” – Allows companies to secure Green Cards for key executives. However, this option appears to rely on the EB-1 and EB-2 categories, which are already significantly backlogged for nationals of certain countries, including India.
- $1M Individual Gold Card – Requires applicants to pay a nonrefundable $15,000 fee, submit an online application, and contribute $1M as a gift to the US Treasury in exchange for permanent residency. Processing timelines remain undefined.
Although these options may initially attract attention, they have important limitations:
Investment vs. gift: Although the $800,000 minimum EB-5 requirement is invested in job-creating projects with the potential for return, the Gold Card is strictly a one-time donation. For many prospective applicants, the idea of giving up $1M with no possibility of repayment is a significant deterrent.
Legal foundation: The Gold Card program is based on an executive order, not congressional legislation. Therefore, it could be rescinded or altered by a future administration. EB-5, in contrast, was reauthorized by Congress through the EB-5 Reform and Integrity Act of 2022, which provides long-term stability.
Visa availability: Because the Gold Card leans on categories already retrogressed for certain countries, its promise of speedy processing may not hold true. EB-5, with its set-aside visas for rural and TEA projects, offers clearer visa access.
Compliance questions: Although details are still unclear, it is unlikely that the US Treasury can accept funds without a thorough source-of-funds review—something EB-5 investors are already accustomed to navigating with immigration counsel.
Why EB-5 Stands Apart
For families considering US residency, the contrast is clear. EB-5 offers a structured, legally established path to a Green Card that does not depend on employer sponsorship or the political climate of the moment. It also provides the potential for investors to recoup their capital while contributing to meaningful economic growth and job creation.
By comparison, the Gold Card carries unresolved questions about timing, visa availability, and long-term viability. And the new H-1B fee introduces further unpredictability for professionals who rely on employer sponsorship. In contrast, EB-5 is insulated from shifting executive actions and election cycles—providing long-term certainty for families and professionals who want to make the United States their permanent home.
In an era of rapid policy shifts, EB-5 continues to stand out as the most stable and transparent route to permanent residency in the United States.
