Tuesday 23 September 2025

On 19 September 2025, President Trump signed an Executive Order creating the “Gold Card” visa program, an immigration initiative that ties eligibility for permanent residency in the United States to large financial contributions to the federal government. Plainly, the program would allow foreign nationals to obtain lawful permanent resident status (green cards) through what the administration describes as an “unrestricted gift” to the US Department of Commerce.

Structure and Requirements of the Gold Card Program

The Gold Card program establishes two primary pathways for financial sponsorship:

• Individuals must contribute a $1 million non-refundable gift to the Department of Commerce; or
• Corporations may contribute $2 million per sponsored individual, qualifying for what is designated a “Corporate Gold Card.”

These contributions will not be considered investments but rather unrestricted, non-refundable financial gifts that will be deposited into a designated Treasury fund. According to the Executive Order, these funds will be used “to promote commerce and American industry,” under the statutory authority of the Department of Commerce.

Importantly, the program does not create new immigration quotas, rather it directs the Departments of Commerce, State, and Homeland Security to treat these financial gifts as strong evidence of visa eligibility within certain categories. Specifically, the Executive Order instructs adjudicating officers to consider the contribution as evidence of extraordinary ability in business under the EB-1A category and national benefit under the EB-2 category, and to support eligibility for a national interest waiver, where applicable.

The Executive Order also includes provisions allowing corporations to sponsor multiple employees under the program. Notably, it allows corporate sponsors to withdraw support from one beneficiary and reassign the previously submitted $2 million gift to a different employee, subject to administrative conditions and fees. While this increases flexibility for employers, it also introduces complex legal and ethical questions about the stability and permanence of immigration benefits under such a system.

Comparison to the EB-5 Immigrant Investor Program:

The existing EB-5 Immigrant Investor Program, requires applicants to invest in a US business, with their funds placed “at risk” and linked to job creation. In most cases, EB-5 investors can expect eventual repayment or even a return on investment. By contrast, the Gold Card requires an irrevocable, non-refundable donation with no investment mechanism, no financial return, and no ownership interest. It is purely a transfer of wealth to the federal government, intended to support national commerce initiatives. Nonetheless, Gold Card applicants, like EB-5 participants, must undergo a full review of their source of funds and pass rigorous national security screening. The Executive Order does not indicate whether funds will be refunded if an application is denied, making the program a high-risk financial proposition.

Legal and Constitutional Implications

The Executive Order is likely to face scrutiny under both statutory and constitutional frameworks. While the administration argues that the program falls within executive discretion to administer existing visa categories, the US Constitution explicitly grants Congress authority over immigration under Article I, Section 8, and the Immigration and Nationality Act (INA) outlines strict rules for immigrant admissions and numerical caps.

Although the Gold Card does not technically expand visa quotas, it introduces a financially preferential pathway within capped categories, potentially displacing applicants who lack comparable means. This may raise issues of equal protection, due process, and congressional intent, as well as broader ethical concerns regarding the commodification of lawful permanent residence.

Implementation Timeline

The Executive Order mandates that the Departments of Commerce, State, and Homeland Security implement the Gold Card program within 90 days. Within this timeframe, agencies must:

• Establish an application and adjudication framework;
• Initiate acceptance of gifts;
• Develop expedited processing protocols; and
• Set administrative, maintenance, and transfer fee schedules.

The ambitious implementation schedule adds to legal risk, particularly if the program is challenged in court before full rollout.

Several key issues remain unresolved:

• Derivative Status: The Executive Order does not clarify whether spouses and minor children of Gold Card recipients will receive accompanying immigration benefits.
• Visa Backlogs: It is unclear how the program will affect existing backlogs in EB-1 and EB-2 categories, particularly for nationals of India and China, who already face significant wait times.
• Tax Implications: A related but unaddressed offering, referred to on the Trump Card website as the “Platinum Card”—suggests a $5 million gift could allow individuals to live in the US up to 270 days per year without triggering US tax residency on foreign income. This feature was not included in the Executive Order, and its legal basis remains speculative.
• Litigation Risks: Given the program’s financial structure and reliance on executive interpretation of immigration law, legal challenges from immigration advocates, members of Congress, or public interest organizations are likely. Such challenges could delay or permanently enjoin implementation.

Conclusion

The Gold Card visa program represents a significant shift in American immigration policy, prioritising financial contributions over traditional pillars such as extraordinary ability, labor market need, family reunification, and humanitarian protection. While the administration presents it as a pragmatic strategy to bolster national commerce and reduce fiscal burdens, the program introduces a wealth-based model that raises serious legal, ethical, and constitutional concerns. Its future will hinge on judicial review, political scrutiny, and the practical challenges of implementation. Only time will tell whether the program will become an enduring element of US immigration policy or a short-lived experiment undone by legal or political opposition.

If you are interested in applying for a Gold Card, please contact your Laura Devine Immigration attorney or email enquiries@lauradevine.com for further advice and assistance.