The Trump administration announced significant changes to U.S. immigration policy over the past week that impact employers’ visa sponsorship strategies, foreign talent recruitment, and long-term workforce planning. Through a presidential proclamation, executive order, and proposed rule from the Department of Homeland Security (DHS), the administration is imposing a $100,000 fee on new H-1B petitions, shifting the H-1B lottery to a wage-based selection system, and creating a "Trump Gold Card" path to permanent residency. 

$100,000 Fee on New H-1B Petitions

On September 19, 2025, President Trump issued a presidential proclamation titled "Restriction on Entry of Certain Nonimmigrant Workers," which substantially alters the H-1B visa process. The proclamation took effect at 12:01 a.m. Eastern Daylight Time on September 21, 2025. The key provisions of the proclamation include:

• $100,000 fee on all new H-1B and H-1B1 petitions filed with U.S. Citizenship and Immigration Services (USCIS) after the effective date.
• Applies only to new petitions — not renewals or amendments — and does not affect existing H-1B visa holders.
• No visas have been revoked, and current H-1B holders may continue to travel.
• The restriction is valid for 12 months, unless extended.
• Exceptions may be granted by DHS if the employment is deemed in the national interest.

We are closely tracking implementation guidance from USCIS, DHS, and the Department of State. In the interim, we recommend that employers review any planned H-1B petitions for the next fiscal year and beyond. Consider whether the roles intended for H-1B sponsorship can be filed through other employment-based visas (e.g., L-1, O-1, TN, or domestic hiring). Reassess the timeline for onboarding foreign employees. If your organization operates in a critical infrastructure sector, consult with counsel to explore eligibility for a national interest exception. For your existing workforce, reassure H-1B employees that their status is not impacted.  

H-1B Cap and Lottery Reform

On September 24, 2025, DHS proposed a rule that would overhaul how H-1B visa petitions are selected. Instead of a random lottery, the new system would prioritize petitions based on wage levels — favoring higher-paid roles. The government would weigh lottery-based applications and selection based on the following parameters.

• Petitions offering higher wages will receive more entries into the lottery.
• Wage levels are determined using the Occupational Employment and Wage Statistics (OEWS) system:
  • Level IV (highest wage): four entries
  • Level III: three entries
  • Level II: two entries
  • Level I (lowest wage): one entry

The rule is open for public comment until October 24, 2025, before continuing its path through the rulemaking process — meaning it would not take effect for at least a few months. We are monitoring this closely and will provide updates as they become available.

Employers may need to reassess compensation strategies for foreign talent to improve selection odds. Inevitably, this will impact budgeting, workforce planning, and talent acquisition timelines. Employers should prepare for shifts in previous visa sponsorship strategies and collaborate with legal counsel and finance personnel to evaluate cost-benefit scenarios.  

Trump Gold Card

On September 19, 2025, President Trump signed an executive order launching the Trump Gold Card residency program — ushering in a major shift in U.S. immigration policy. The Trump Gold Card offers a pathway to lawful permanent residency for high-net-worth individuals who contribute $1 million to the U.S. Treasury. Applicants must pass DHS vetting and meet standard admissibility and visa availability requirements. 

A Corporate Gold Card is also available, allowing companies to sponsor employees for residency with a $2 million contribution per employee. Notably, businesses can transfer the card to another employee if the original recipient departs, subject to a transfer fee and additional vetting. 

The executive order makes financial investment the primary path to residency, unlike traditional visa programs that emphasize skills, employment, or family ties. This change reflects a new direction in immigration — one focused on attracting capital rather than labor. At the same time, the government is tightening rules and increasing costs for other visa categories, such as the H-1B. 

As these programs unfold, we will provide additional analysis of their effects on immigration trends and corporate strategy. For more information, please contact me or your regular Parker Poe contact. Click here to subscribe to our latest alerts and insights.