The Trump Administration has announced the launch of a new US Gold Card program through executive order. The initiative is intended to create a fast-tracked pathway to US permanent residence for foreign nationals who make substantial financial contributions, starting at $1 million.
New US Gold Card Program
On September 19, 2025, President Trump signed an executive order directing the Departments of Commerce, State and Homeland Security to implement the Gold Card within 90 days. The program is designed to incentivize significant gifts to the US in return for expedited US Green Card eligibility.
Unlike the existing EB-5 Immigrant Investor Program, the Gold Card does not require job creation or investment in a commercial enterprise. Instead, it hinges solely on a qualifying monetary gift to the Department of Commerce. Gifts are authorized under 15 U.S.C. 1522 and will be deposited into a separate Treasury fund to promote US commerce.
The Gold Card is positioned as a supplement to, not a replacement for, employment-based categories. It attempts to use the financial gift as persuasive evidence of extraordinary or exceptional ability. The order does not create new visa numbers, and it cannot override the Immigration and Nationality Act’s limits on green card issuance. Any processing must therefore fit within existing EB allocations.
The approach differs sharply from the EB-5 program, which was authorized by Congress and has detailed statutory and regulatory frameworks. The Gold Card relies entirely on executive authority and discretionary interpretation, which may leave it open to legal scrutiny.
Gold Card Program Eligibility and Financial Thresholds
Under current proposals, the program is to set two financial thresholds. An individual can qualify by making an unrestricted gift of $1 million directly to the Department of Commerce. If the contribution is made by a company or entity on behalf of an individual, the minimum is $2 million.
The executive order makes clear that these gifts will serve as evidence of eligibility under existing employment-based immigrant categories such as EB-1 or EB-2. They are not, on their own, a new statutory basis for residence. For corporate-sponsored cases, the EO also contemplates a process to transfer the sponsored individual to another employee, subject to screening and applicable fees.
Applicants will still need to meet all other admissibility and visa criteria, including security and background checks, medical requirements and compliance with country-specific visa quotas.
Timeline for Implementation
US departments have been tasked with creating detailed procedures within 90 days of the order. The executive order calls for an expedited process but confirms it is required to remain consistent with current immigration law. That means applicants will still require a valid immigrant visa number to be available under the existing annual and per-country caps. No changes to statutory ceilings are included in the order.
Until regulations are issued, some key questions remain, including how applications will be submitted, how expedited adjudication will be implemented and whether applicants will file directly with USCIS or through consular posts. The EO also directs agencies to consider expanding the program to applicants under the EB-5 category. We will update as this information becomes available.
NNU Perspective
Based on current information, the Gold Card program could face several obstacles with implementation. The biggest question is statutory authority: immigration categories and quotas are set by Congress, and there is debate about whether the executive branch has the legal power to turn a monetary gift into a basis for permanent residence without congressional action.
The program is also constrained by existing visa caps: country limits and long employment-based backlogs will continue to apply, which means applicants from oversubscribed countries may still face lengthy waits even after making a qualifying donation.
Legal challenges could well follow. Critics have already argued that the order stretches executive authority beyond what the Immigration and Nationality Act allows, and any litigation could delay or halt the program, leaving applicants uncertain about the outcome of their cases.
In practical terms, the agencies involved have only been given 90 days to build a workable system. An unforgiving timeline increases the risk of inconsistent processing, unclear guidance and uneven implementation.
In terms of addressing gaps in existing immigration routes, the Gold Card does not clearly create a new pathway for wealthy individuals. The EB-5 Immigrant Investor Program already provides a statutory route, even though it can be slow and administratively complex. The Gold Card’s reliance on an unrestricted gift, rather than a job-creating investment, makes it distinct but also more vulnerable to legal and political challenge. For those considering their options, the choice will come down to balancing the desire for speed with the need for security and predictability.
For employers, the program is unlikely to provide a reliable workforce solution. The Gold Card is targeted at individuals with independent means rather than employees sponsored by US companies. Employers relying on it as an alternative to sponsorship may find it does not deliver certainty or predictability. Traditional routes such as H-1B, L-1 or EB-2 sponsorship remain more stable for long-term workforce planning.
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A donation of $1 million or more is substantial, and at this stage there is no guarantee of outcome. Statutory limits still apply, meaning the program cannot bypass country caps or green card backlogs. Legal challenges could also disrupt the program, leaving applicants in limbo after parting with significant funds. Applicants will need to weigh the significant financial commitment against the uncertainty of how the program will be implemented.
The fact that it does not create new visa numbers means that existing country caps and backlogs will continue to apply, which could undermine the promise of speed.
Given these issues, applicants should take professional immigration advice before committing to the Gold Card. Speak to our US attorneys for advice and to determine whether the Gold Card program aligns with your personal circumstances and long-term goals.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.