The $100,000 H-1B Visa Fee: Requirements for New Petitions and the Gold Card Pathway

In Canada, immigration policy is ever-evolving. The goals of the Canadian immigration system and its regulations change frequently, and as a result, it can be challenging to stay informed about the current situation as the status quo evolves. Similar sentiments apply to Canada’s neighbour to the south of the border, as immigration policy in the United States also changes frequently.

Sometimes, these changes have direct impacts on Canadians, such as the recent change that mandates that Canadians staying in the United States for longer than 30 days at a time must register with the United States Government.

Other changes in the United States have a more indirect impact on Canada, exemplified by a more recent change. In September 2025, two new executive orders were signed by President Donald Trump that will likely have a significant direct impact on immigration to the United States as a result of changes to the H1-B visa regulations and new pathways to obtaining Green Cards.

H-1B Visa Eligibility: Who Can Apply and Employer Requirements

The H-1B visa is a non-immigrant work visa that allows employers in the United States to temporarily employ foreign professionals in “specialty occupations.” These are positions that require highly specialized knowledge and typically at least a bachelor’s degree or its equivalent. Common fields for H-1B workers include: Information technology and software development, engineering, mathematics and statistics, finance and business analysis, and healthcare and medical research.

In order to be eligible for an H1-B visa, applicants must meet the job requirements and educational qualifications. There are additional requirements on the employer side in order for employers to be eligible to hire H1-B applicants. Employers need to file a petition on behalf of the employee they intend to hire, and they must pay the prevailing wage for the occupation to ensure foreign workers are not underpaid compared to workers from the United States.

Since 2004, the number of H-1B applications has been capped at 85,000 per year. H1-B visas are granted through a lottery system conducted by the United States Citizenship and Immigration Services. There is a lottery for H1-B application grants because the demand for the visa is far larger than the cap of 85,000 per year. For example, in 2019, there were over 110,000 H1-B visa applications.

The H1-B visa is desirable for potential immigrants to the United States because it is granted for an initial period of three years, and there is the possibility to extend for another three years for a total of six years. Further, there are avenues to apply for employment-based green cards for those on H1-B visas, which increases the visa’s desirability.

H-1B Visa Program Changes: Presidential Proclamation (September 2025)

On September 19, 2025, President Donald Trump signed an executive order that will result in profound changes to the H1-B visa program. As a result of the order, as of September 21, 2025, a $100,000 payment is required to accompany any new H-1B visa applications. This is a far departure from the previous administrative fees that totalled around $1,500

The executive order does not impact any H1-B applications submitted before September 21, 2025, but will apply to all applications going forward. Further, the order does not change any payments or fees related in connection with the renewal of an H1-B visa, as it only applies to the submission of new H1-B petitions. Further, current H1-B visa holders will be allowed to travel in and out of the United States.

The executive order also instructs the Department of Labor to revise and raise the prevailing wage levels in order to upskill the H-1B program. There are further instructions to the Department of Homeland Security to prioritize high-skilled, high-paid applicants in the lottery rather than those at lower wage levels.

The White House released an accompanying statement alongside the order, stressing that the number of foreign STEM workers in the United States more than doubled from 2000 to 2019, while overall STEM employment did not increase by a proportionate amount. The statement posits that the H1-B visa program has been abused to replace American workers and has created a disadvantageous environment for American citizens.

Potential Impacts of the Policy Change

This change in H1-B visa policy will almost certainly impact the number of applicants being made for H1-B visas, as the $100,000 application fee is a prohibitive amount for an application that has no guarantee of being accepted. However, the application fee may bring the number of applicants below the cap of 85,000 per year, making it so that those who do apply have a better chance of being selected in the lottery.

The change will likely have a large negative impact on the ability of smaller companies to hire foreign workers, as many companies will be unable or unwilling to pay the onerous $100,000 application fee. Companies that cannot pay the fee and who cannot find American citizens who can perform at the level they require will suffer from the change.

India was the largest beneficiary of H1-B visas, accounting for 71 per cent of approved applications, followed by China at 11.7%. Well-educated and trained individuals in those countries may now have to look for other avenues in order to work in the United States, or they may even look to work in other countries. It is even possible that some larger corporations will open offices in countries other than the United States to avoid having to pay the application fee. Overall, other countries with economies with robust tech and STEM sectors may benefit from well-educated and trained people seeking other opportunities.

New Pathways to Residency in the United States

On September 19, 2025, another change to immigration policy in the United States was announced. The White House work the Trump Gold Card program that will allow individuals to make a gift of $1 million to the United States in order to establish eligibility for an immigrant visa using an expedited process. Corporations can also utilize the Gold Card by making a gift of $2 million on behalf of an individual.

There are further plans for a Trump Platinum Card that will allow individuals to make a $5 million contribution to the United States, which would grant the individual the ability to stay in the United States for up to 270 days a year without being subject to United States taxes on non-United States income.

While this is a first for the United States, other countries around the world, such as Singapore and New Zealand, have similar programs. The plan is to issue 80,000 Gold Cards, and the expectation from the United States government is that this program, in conjunction with the raised fees on H1-B visa applications, will raise $100 billion in revenue.

Currently, there is no way to apply for the Gold Card visa yet, so those interested in applying can only fill out their name and country of residence on the White House site. Further, for those interested, there may be legal challenges to the program, so there may be hesitation in applying even once the program becomes active.

Don’t Risk Your US Workforce or Career: Get a Dual-Jurisdiction Strategy Now

The major US immigration shifts, from the prohibitive $100,000 H-1B application fee to the new $1 million Gold Card pathway, have introduced unprecedented complexity and urgency for businesses and professionals worldwide.

As a firm specializing in both Canadian and US immigration law, Garson Immigration Law is uniquely positioned to provide strategic counsel on these changes. Whether you are a corporation navigating the future of your US workforce or a highly skilled individual considering Canada as a viable alternative, these policies demand immediate, expert analysis. Do not navigate this uncertainty alone. Contact our experienced immigration lawyers today to discuss an innovative and effective solution tailored to your circumstances. Call us at 416-321-2860 or connect with us online.