With U.S. immigration policies in constant flux, what pathways are available for international students to obtain a green card as soon as possible?
With U.S. Immigration Policies in Constant Flux: What Pathways Can International Students Take to Secure a Green Card as Soon as Possible?
Attorneys:Attorney Jeff Zhengquan Xie,Attorney Jiarui Yin,Attorney Qian Zhao,Attorney Haochun Ling
Recently, U.S. immigration policies have once again become a focal point. The Trump administration, on the one hand, has imposed a $100,000 supplementary fee on H-1B visa applications; on the other hand, it has rolled out the so-called "Trump Gold Card" and "Trump Platinum Card" programs. While these initiatives appear to create new pathways for the U.S. to attract "high-end talent" or "high-net-worth individuals", a closer analysis reveals that they are more politically motivated policy maneuvers than long-term solutions that effectively address underlying issues.
I. Sharp Hike in 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 post-graduation pathway to adjust immigration status is transitioning from Optional Practical Training (OPT) to an H-1B work visa. However, if the $100,000 supplementary fee is indeed imposed on H-1B applications:
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Small and medium-sized enterprises (SMEs) and startups will struggle to bear the costs, thereby reducing their willingness to hire international students;
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Approval rates for low-wage or entry-level positions will drop further, 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 must place greater emphasis on 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 tiered selection system.
In other words, this policy is equivalent to placing another huge obstacle in the way of international students’ job hunting journey.
II. Trump’s "Gold Card/Platinum Card": Glitzy in Appearance, but Prone to the Risk of Becoming a "Failed Initiative"
The Trump administration’s "Gold Card/Platinum Card" programs claim that donors who contribute $1 million or $2 million to the U.S. can secure a faster pathway to legal status. In reality, however:
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The issue of immigration visa quotas cannot be circumvented: 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 in employment-based immigration categories, and even with a donation, they will still have to wait in line;
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The policy risk is extremely high: The Gold Card program is a typical administrative measure, which could be revoked if there is a change in presidential administration in the future;
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The investment does not justify the returns: If applicants still have to wait years for a visa due to backlogs, why would rational investors hand over millions of U.S. dollars upfront?
Therefore, the Gold Card program is more of a political gimmick than a viable, implementable solution.
III. Practical Options for International Students Studying in the U.S.
Faced with uncertain political policies, international students need more stable, controllable pathways to plan their immigration status.
1. EB-5 Concurrent Filing
For families with the financial means, the EB-5 investment immigration program remains a reliable pathway.
Qualified applicants residing in the U.S. can file Form I-526E and Form I-485 concurrently. Even if a visa backlog exists, they can immediately obtain an Employment Authorization Document (EAD) and Advance Parole, ensuring stability in both work and daily life.
2. Marriage-Based Immigration
Direct relative immigration through marriage to a U.S. citizen is not subject to visa backlogs.
For students in genuine, bona fide relationships, this is the fastest and most stable way to adjust immigration status.
3. EB-1A Extraordinary Ability / National Interest Waiver (NIW)
For international students engaged in academic research or specialized fields, those who can demonstrate outstanding achievements or significant contributions in their disciplines may consider applying for EB-1A or NIW.
Although the eligibility criteria are stringent, once approved, this pathway is far more straightforward than the H-1B route.
IV. Attorney Recommendations
Against the backdrop of evolving 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-wage positions;
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The Gold Card/Platinum Card programs carry significant policy risks and legal loopholes, making them inadvisable for imprudent investment;
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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 those in genuine, long-term relationships → marriage-based immigration;
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For those with exceptional academic or professional achievements → EB-1A/NIW.
Stable, pragmatic, and compliant planning is the long-term solution to help international students studying in the U.S. navigate their immigration predicaments.
The above overview is prepared by XIE LAW OFFICES,LLC. to provide legal information to the Chinese community. It is primarily for academic discussion purposes and does not constitute legal advice on specific cases. If you already have legal representation, please consult your own attorney, who is familiar with the details of your case. Clients of Xie & Associates Law Firm, as well as readers who have not yet retained legal counsel, may contact Attorney Xie for specific legal questions. If you wish to reprint this document, please do so in full without any deletions, and clearly indicate the source.
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