Trump’s New $100,000 H-1B Fee: What It Means and How EB-5 Might Be Affected

At EB-5 USA, we monitor immigration policy shifts closely because even changes that don’t directly target EB-5 can affect investor confidence, business behavior, and the broader immigration landscape.

Over the weekend, President Trump’s new $100,000 fee on H-1B visa applications has captured headlines in a major shift in immigration policy. These changes will reshape employer strategies, applicant expectations, and possibly create ripple effects for EB-5 investors and families.

What We Know: Who This Applies To & How It’s Being Rolled Out

The new policy establishes a $100,000 fee for new H-1B visa petitions, payable by employers. Importantly, the rule does not apply to renewals or existing H-1B holders—it only affects fresh petitions moving forward.

At this stage, the fee is described as a one-time payment per petition, not an annual recurring cost. The stated rationale for the policy is to discourage misuse of the H-1B program, protect American workers, and increase accountability among sponsoring companies.

Who Is Affected by the $100,000 Visa Fee and Who Is Not

With headlines circulating, many professionals and families are understandably worried about whether this fee applies to their situation. Here’s the breakdown:

• Who Is Impacted:

  • Employers filing for workers abroad: The fee applies primarily to H-1B petitions for skilled foreign workers who are outside the U.S. and require consular processing. Applications for workers already inside the U.S. are not subject to this fee.

  • If a worker leaves the U.S. and needs to re-enter through consular processing, their employer may face this additional cost. For many, staying in the U.S. while adjusting or extending status could help avoid triggering the fee.

  • Companies in industries like technology, finance, healthcare, and engineering—where H-1B visas are common—will feel the immediate effects. Collectively, these industries account for the bulk of the 85,000+ new H-1B petitions filed annually. These employers may now limit sponsorship or prioritize only the most critical hires.

• Who Is Not Impacted:

  • Existing H-1B Visa Holders: Individuals who already have approved H-1B visas and are working in the U.S. are not impacted by this new fee. Renewals or transfers within the U.S. (e.g., students on F-1 changing status, existing H-1Bs transferring employers) are not subject to the charge.

  • Students on F-1 visas: International students in the U.S. remain unaffected.

  • Family-based visa: Green Card applications through marriage, family sponsorship, or diversity lottery are not impacted by this policy.

  • EB-5 Investors and Families: The EB-5 Immigrant Investor Program is completely separate from the H-1B system. EB-5 applicants will not be subject to this $100,000 fee.

This distinction matters: while H-1B applicants face uncertainty, investor visas like EB-5 remain untouched, creating opportunities for those who want a direct path to permanent residency without employer dependence.

How Businesses Are Likely to Respond

Employers are likely to weigh costs carefully. Larger corporations may still pay the fee, but smaller businesses could pull back on sponsorship altogether. This could create ripple effects in industries heavily reliant on international talent, potentially slowing innovation or pushing companies to outsource more work overseas.

Implications for H-1B Applicants and Holders

For workers, this development may change both opportunities and expectations:

• Fewer sponsorships: Smaller companies may be unwilling or unable to shoulder the fee.

• More selective hiring: Employers are likely to focus on specialized or senior-level talent.

• Reduced mobility: Current H-1B holders may avoid international travel until more clarity is provided.

• Lottery applicants at risk: The fee could deter employers from entering workers into the H-1B lottery altogether.

What It Means for EB-5 Investors

For families considering U.S. residency, the contrast is striking. While H-1B employers face skyrocketing costs and uncertainty, the EB-5 program offers stability:

• A direct path to a Green Card through investment.

• Freedom from employer sponsorship.

• Long-term benefits for children’s education, career opportunities, and eventual citizenship.

In fact, as businesses hesitate to bear the new H-1B costs, more families may see EB-5 as a faster, more reliable solution.

What This Means Going Forward

The new H-1B fee signals a broader policy trend: increasing costs and barriers for temporary work visas. For businesses, this creates hiring challenges; for skilled workers, it raises doubts about long-term career stability in the U.S.

For families, it reinforces the importance of exploring alternative pathways to residency. Unlike temporary visas, EB-5 offers certainty: permanent residency, freedom to work and study, and a clear route to U.S. citizenship.

Final Takeaway

The proposed $100,000 H-1B visa fee underscores the unpredictability of U.S. immigration policy. While the measure directly impacts businesses and skilled workers under the H-1B program, it leaves pathways like EB-5 completely untouched. For investors and their families, this moment highlights the value of pursuing a stable, long-term solution through the EB-5 program, rather than relying on employer sponsorship subject to political shifts.