U.S. Immigration Policies Are Constantly Changing: What Options Do International Students Have?
Recently, U.S. immigration policies have once again become a focal point. On one hand, the Trump administration is imposing an additional fee of $100,000 on H-1B visa applications; on the other hand, it has launched the so-called Trump Gold Card and Platinum Card programs. While these measures seem to create new pathways for the U.S. to attract "high-end talents" or "high-net-worth individuals", a closer analysis reveals that they are more politically motivated policy maneuvers rather than long-term solutions that effectively address core issues.
I. Skyrocketing H-1B Application Fees: A Severe Blow to International Students’ Future Employment Prospects
For most international students studying in the U.S., the most common pathway to status adjustment after graduation is transitioning from Optional Practical Training (OPT) to an H-1B work visa. However, if the H-1B application fee is indeed increased by an additional $100,000:
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Small and medium-sized enterprises (SMEs) and startups will struggle to afford the costs, thereby reducing their willingness to hire international students.
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Approval for low-wage or entry-level positions will become even more difficult, as the policy tends to allocate limited visa resources to high-salary, high-skill roles.
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When negotiating job offers with potential employers, international students will have to prioritize salary levels. Yet, demanding a higher salary may cost them the offer, while accepting a lower salary will put them at a distinct disadvantage under the visa lottery or weighted selection system.
In other words, this policy is equivalent to placing another huge obstacle in the way of international students’ job search journey.
II. Trump’s "Gold Card/Platinum Card": Glitzy in Appearance, Yet Prone to the Risk of Becoming a "Failed Initiative"
The Trump administration’s Gold Card/Platinum Card program claims that donors can secure expedited immigration pathways by contributing $1 million or $2 million to the U.S. However, in reality:
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Immigration quota constraints cannot be bypassed: The number of U.S. green cards is set by Congress, and no administrative measure can increase this quota. Applicants born in mainland China currently face lengthy backlogs for employment-based immigration; even with a donation, they will still be subject to the same waiting lines.
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Extremely high policy risks: The Gold Card is a typical administrative measure, which could be revoked if there is a change in presidential administration in the future.
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Disproportionate investment-to-return ratio: If applicants still have to wait for years due to backlogs, why would rational investors be willing to hand over millions of dollars upfront?
Therefore, the Gold Card is more of a political gimmick than a feasible immigration solution.
III. Practical Options for International Students Studying in the U.S.
Faced with uncertain political policies, international students need to plan their immigration status through stable and controllable pathways.
1. EB-5 Concurrent Filing
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For families with financial means, the EB-5 Investment Immigration program remains a reliable pathway.
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Eligible applicants in the U.S. can file Form I-526 (Immigrant Petition by Alien Entrepreneur) and Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently. Even with existing backlogs, applicants can immediately obtain an Employment Authorization Document (EAD) and Advance Parole, ensuring stability in living and working in the U.S. as well as unrestricted travel in and out of the country.
2. Family-Based Marriage Immigration
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Immediate relative immigration through marriage to a U.S. citizen is not subject to numerical quotas or backlogs.
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For students in genuine, bona fide relationships, this is the fastest and most stable way to adjust immigration status.
3. Extraordinary Ability/National Interest Waiver (EB-1A/NIW)
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For international students in academic or research fields who have demonstrated outstanding achievements or significant professional contributions, they may be eligible to apply for EB-1A or NIW.
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Although the eligibility criteria are stringent, approval under these categories offers a more direct pathway to permanent residency compared to the H-1B route.
IV. Attorney’s Recommendations
Against the backdrop of constantly changing and increasingly politicized U.S. immigration policies, international students must evaluate their options more rationally.
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The exorbitant H-1B fees will force students and employers to compete for high-salary positions.
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The Gold Card/Platinum Card programs carry substantial policy risks and legal loopholes, and should not be pursued lightly.
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The truly viable pathways remain:
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For student families with financial resources → EB-5 Concurrent Filing
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For students with genuine romantic relationships → Family-Based Marriage Immigration
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For students with strong academic or professional credentials → EB-1A/NIW
Stable, pragmatic, and compliant planning is the long-term solution to help international students navigate their immigration challenges.
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