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Will H-1B Holders Have to Pay the Proposed $100,000 Green Card Bond?

Will H-1B Holders Have to Pay the Proposed $100,000 Green Card Bond?

The proposed $100,000 green card bond has created uncertainty among H-1B professionals seeking permanent residency. Here's what is currently known about who could be affected, the difference between Adjustment of Status and consular processing, and why the proposal has not yet changed existing immigration procedures.

The Trump administration's reported proposal to require certain green card applicants to post bonds of up to $100,000 has raised questions among H-1B professionals, particularly Indian nationals pursuing permanent residency in the United States. While the proposal has attracted significant attention, it does not currently mean every H-1B holder would be required to pay such a bond.

The proposal is still under consideration and has not become a final rule. Read the full news report: Trump Administration Weighs $100,000 Green Card Bond

The proposal remains under consideration, and the U.S. government has not issued final rules identifying who would be covered.

H-1B Status Alone Does Not Trigger the Bond

An H-1B visa allows U.S. employers to hire foreign professionals in specialty occupations. Holding H-1B status by itself does not automatically place someone under the reported green card bond proposal.

Whether an H-1B worker could be affected depends on how they complete the permanent residency process and on the final eligibility rules, which have not yet been published.

Adjustment of Status vs. Consular Processing


The potential impact may depend heavily on where the green card case is completed. See our detailed comparison: Could the Green Card Bond Affect Consular Processing?

Most H-1B workers living in the United States apply for permanent residency through Adjustment of Status (Form I-485) after an immigrant visa number becomes available. This process allows eligible applicants to remain in the United States while USCIS reviews their green card application.

Published reports about the proposed bond have focused primarily on applicants completing consular processing at U.S. embassies or consulates abroad. As of now, there has been no official announcement stating that applicants filing Form I-485 inside the United States would automatically be subject to the proposed bond.

What About EB-2 and EB-3 Green Card Applicants?


Because no final eligibility rules have been published, the proposal could affect only selected applicant groups. Read: Who Could Pay the Proposed Green Card Bond?

Many Indian professionals apply for employment-based green cards through the EB-2 or EB-3 categories. These categories themselves have not been identified as requiring a bond.

If the proposal is finalized, eligibility may depend on the applicant's immigration circumstances rather than simply the employment-based category. The administration has not released guidance identifying which applicants, if any, would be required to provide a financial bond.

What Should H-1B Holders Do Now?

Applicants with pending or future green card cases should continue following current USCIS and State Department procedures. There is no requirement to change filing plans or delay an application based solely on the reported proposal.

Individuals completing employment-based immigration through consular processing should monitor official announcements closely, as additional details could be released if the administration moves forward with the policy.

The proposed bond would be different from the USCIS and immigrant visa fees applicants already pay. Learn more: Green Card Bond vs. Green Card Fees: What’s the Difference?

Proposal Still Under Review

Several important questions remain unanswered, including who would qualify for the bond, how the amount would be determined, whether exemptions would exist, and when any requirement could take effect.

Until the State Department and the Department of Homeland Security publish formal guidance, the proposal should be viewed as a policy under consideration rather than an active immigration requirement. H-1B holders should rely on official government updates before making decisions about their permanent residency plans.

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