The immigration world was shaken this week when President Trump announced support for a new bill that would impose a staggering $100,000 fee on H-1B visa applications. For decades, the H-1B program has been the most common pathway for highly skilled foreign workers—especially in tech and engineering—to live and work in the United States. But if this proposal becomes law, the calculus for many H-1B hopefuls will change overnight.
What the Bill Proposes
According to CBS News, the bill would require employers or workers to pay a $100,000 filing fee per H-1B petition, a massive jump from the current $780 base fee (plus $500 fraud prevention fee and other surcharges). Lawmakers backing the bill claim the measure is intended to reduce abuse of the program and to discourage outsourcing companies from flooding the system with applications.
For employers, this would mean dramatically higher costs to bring on skilled workers. For workers, it could make the H-1B pathway financially unattractive or unattainable.
The Ripple Effect on Skilled Immigration
The H-1B program has always been oversubscribed—over 750,000 registrations were filed in FY 2024 for only 85,000 available visas. Adding a $100,000 fee on top of this lottery makes the process more uncertain, expensive, and risky than ever before.
Indian nationals, who make up the majority of H-1B applicants, are particularly impacted. Many already face decades-long backlogs for green cards through the EB-2 and EB-3 employment-based categories. Now, if the upfront cost of simply applying for H-1B skyrockets, many may start exploring alternative pathways to secure permanent residency.
Why EB-5 Is Becoming the Better Option
This is where the EB-5 Immigrant Investor Program enters the conversation. For those who have the financial means, EB-5 offers a direct route to a U.S. green card by investing $800,000 in a qualified project in a Targeted Employment Area (TEA). Unlike the H-1B:
- No lottery system. Every qualified EB-5 investor can secure a place.
- Direct path to permanent residency. EB-5 bypasses the temporary work visa stage entirely.
- Family benefits. A single EB-5 investment covers the investor, spouse, and children under 21.
- Priority processing in certain cases. Under the EB-5 Reform and Integrity Act, rural EB-5 projects often receive faster processing.
When you compare the numbers, the choice becomes clearer. H-1B applicants could soon be paying $100,000 with no guarantee of success, only to end up stuck in green card backlogs for years. Meanwhile, EB-5 investors contribute the same $800,000 (with the chance of repayment after the sustainment period, currently two years), but gain lawful permanent residence for the whole family.
What This Means Going Forward
If the proposed H-1B bill advances, we may see a surge of interest in EB-5 from highly skilled workers, especially from India and China. Many of these professionals already have the financial capacity after years of working in tech, finance, and other high-income fields. Rather than spending $100,000 for a chance at a temporary visa, they can redirect that capital into an EB-5 investment that secures their family’s long-term future in the U.S.
Conclusion
The immigration landscape is shifting quickly. For skilled professionals who feel squeezed by H-1B restrictions, fees, and backlogs, the EB-5 visa is no longer just an alternative—it may soon become the smarter, more secure choice. Learn more about the EB-5 program benefits and process here as well as our other most frequently asked questions in addition to the ones below:
The bill introduced in Congress would require a $100,000 filing fee for each H-1B visa petition, compared to the current base fee of under $1,000. If passed, it would dramatically increase costs for both employers and applicants.
By law, employers are responsible for H-1B filing fees, but in practice, costs can shift to workers through reduced wages or clawback agreements. Either way, this fee will make H-1B sponsorship much less attractive.
H-1B (proposed): $100,000 fee, no guarantee of approval, temporary status, and long waits for green cards. EB-5: $800,000 investment in a qualifying project, leading directly to a conditional green card, with potential return of capital after the sustainment period.
