ARCASIA Insight: Rising Costs for H-1B, But Financial Routes Like Investment Might Be More Viable
On September 19, 2025, President Trump signed a proclamation drastically altering the landscape for foreign workers under H-1B visas: any H-1B petition filed from outside the U.S. must include a $100,000 fee, effective September 21, 2025.
This fee is expected to last at least twelve months (through September 20, 2026), though it could be extended.
This shift makes employing overseas skilled workers significantly more expensive, especially when combined with existing filing, legal, and compliance costs. For many companies — particularly in tech, healthcare, engineering R&D — the financial burden may force reconsideration of hiring strategies. Startups and mid-size firms are likely to feel it most acutely.
Who Ultimately Pays & Why It Matters Financially
While the proclamation says the fee must be paid “accompanying the petition,” in practice employers will bear most of it. For businesses that rely on overseas recruitment, this could add hundreds of thousands of dollars overhead per foreign hire (or even more over time for renewals/extensions). This isn’t just a cost shift—it impacts budgeting, hiring forecasts, salary competitiveness, and could squeeze profit margins.
Employees abroad may find reentry or first entry cost-prohibitive, reducing talent mobility. Domestic cost structures (wages, hiring incentives) will likely change. Many firms may choose to invest more in domestic talent pipelines as an alternative to facing such steep fees.
The Gold & Platinum Cards: A Financial Shortcut?
On the same day, the administration introduced a new “Gold Card” program: for $1 million USD, individuals can make a gift to the U.S. government (via the Commerce Department) and in return obtain an expedited processing route to obtain a U.S. immigrant visa. Corporations can also sponsor individuals via a $2 million gift.
A related Platinum Card was also announced, costing $5 million, which offers additional benefits—such as staying in the U.S. for up to 270 days without being liable for U.S. taxes on non-U.S. income in certain circumstances.
From a financial-remedy standpoint, this route is a kind of “pay to expedite” path. For investors or individuals with large liquidity, it offers an alternative to traditional immigration or work-visa paths that are now becoming more expensive or unstable. But it’s very high cost, and it changes the cost/benefit calculus: who can afford it, and whether that investment yields sufficient return (residency, mobility, opportunity).
EB-5 & Visa Bulletin: Investment Pathways and Current Availability
The EB-5 investor visa (immigrant investor program) remains a relevant path for those looking to secure U.S. residence via capital investment. The October 2025 Visa Bulletin showed mixed movement:
Reserved EB-5 categories (for rural, high unemployment, infrastructure projects) are current for all countries.
Unreserved EB-5 categories see progress for India: its Final Action Date advanced significantly (around +444 days) to February 1, 2021.
For China, the Final Action Date remains unchanged (December 8, 2015), though Dates-for-Filing retrogressed for that country.
Also, the U.S. State Department has reached the cap for unreserved EB-5 visas for FY2025, meaning those spots are fully allocated until the new fiscal year begins October 1, 2025.
Financial Remedy Strategy: Why Investment-Based Options Are Gaining Appeal
Given the recent changes:
The H-1B fee surge makes work-visa based immigration far more expensive and uncertain, especially for those outside the U.S.
The Gold Card / Platinum Card offer an option for wealthy individuals to bypass some of the delays and costs—but require very large upfront investment.
EB-5 remains attractive, particularly in reserved categories where availability is current, though savvy timing is required as caps and priority dates shift.
For those with financial capacity, investment-based remedies (making capital investments, strategic use of donor/gift programs, selecting projects that qualify) may now provide a more reliable or predictable path than relying on employer-sponsored work visas.
What ARCASIA Should Watch & Advise Clients
Due Diligence: Any investment path (EB-5, reserved categories, Gold/Platinum Cards) needs rigorous vetting: project viability, timelines, government policy risk.
Cash Flow & Liquidity: These programs demand large sums up front (gifts, investments, fees). Clients must assess financial risk, ROI, and alternative allocations.
Timing the Application: With visa caps, cutoff dates, and filing dates in flux, delaying might worsen wait times. Where possible, act sooner. Reserved EB-5 categories are especially favorable for many countries.
Alternative Routes: For those for whom $1 million-plus is unattainable, exploring other options (OPT, O-1 visa, non-immigrant business or investor visas) may remain important.
Conclusion
The landscape as of late September 2025 is one where financial remedies like investment visas (EB-5, Gold/Platinum Cards) are becoming comparatively more stable and predictable routes than the increasingly costly and volatile work-visa (H-1B) path — especially for applicants abroad.
At ARCASIA, advising clients now should involve careful modeling: cost vs benefits, time vs risk, and leveraging investment routes where feasible to achieve immigration, residency, or long-term mobility goals.
