On Sept. 19, President Trump issued an Executive Order (EO) creating the long-awaited Gold Card visa program, which facilitates the entry of “aliens who have demonstrated their ability and desire to advance the interests of the United States by voluntarily providing a significant financial gift to the Nation.” Under the Gold Card program, individuals making a $1 million gift to the Department of Commerce will become eligible for an immigrant visa using an “expedited process” that will be established by the secretary of commerce, in coordination with the secretaries of the departments of State and Homeland Security. The program will also allow corporations or similar entities to make a $2 million donation on behalf of an individual to provide that individual access to a Gold Card.
The financial gifts provided by Gold Card seekers will be treated as evidence of eligibility under 8 U.S.C. 1153(b)(1)(A), as evidence of exceptional business ability and national benefit under 8 U.S.C. 1153(b)(2)(A), and as evidence of eligibility for a national-interest waiver under 8 U.S.C. 1153(b)(2)(B). The Department of Commerce will deposit the gifts in a separate fund in the Department of the Treasury that will be used by the Department of Commerce to “promote commerce and American industry.”
The EO directs the secretaries of the departments of Commerce, State and Homeland Security to implement the Gold Card program within 90 days of the order’s issuance. As part of the implementation, the EO requires the program to establish a formal process for application and expedited adjudication of Gold Card petitions, visa issuance and adjustment of status; a formal process for transferring Gold Card status from one sponsored individual to another; administrative, maintenance and transfer fees for the program; and a date by which applicants or sponsors may begin to submit gifts for consideration.
Potential Legal Challenges
The program is likely to be challenged in courts and potentially by Congress. Legal challenges may arise in part due to the White House’s use of the existing EB-1 and EB-2 programs as the infrastructure for the Gold Card, which critics may argue constitutes a wholly separate visa program.
Challenges may arise in response to other legal workarounds used by the White House to establish the program by sole executive authority, such as labeling the $1 million fee as an “unrestricted gift,” rather than a visa fee charge. Critics may also argue that the EB-1/EB-2 visa programs, which currently apply for individuals with advanced degrees or extraordinary and exceptional ability, are not applicable solely on the basis of an individual’s ability to make a significant financial gift, or to be sponsored by an entity capable of making such a gift. Shortly following the EO’s announcement, Senate Judiciary Committee Ranking Member Dick Durbin (D-IL) called the program “illegal” and “a sham,” stating, “We need a fair and orderly immigration system.”
Impact and Global Interest
The Gold Card EO significantly lowered the expected cost of a Gold Card, with President Trump noting in February 2025 that the card would cost approximately $5 million. At its new price, the Gold Card is less costly than comparable investment visa programs around the world, such as in Singapore ($8 million), New Zealand (nearly $3 million) and Samoa ($1.4 million), and will likely draw global interest. For corporations, the ability to transfer Gold Cards among employees sets this program apart from existing visa pathways, creating a novel sponsorship option. Secretary of Commerce Howard Lutnick noted that the Department of Commerce anticipates issuing 80,000 Gold Cards.
The EO did not mention a so-called Platinum Card program that is listed on the U.S. government’s official website for the Gold Card as “coming soon,” and would allow individuals to make a $5 million contribution in exchange for the ability to stay in the United States for up to 270 days without being subject to U.S. taxes on non-U.S. income. President Trump and members of his Cabinet also did not mention the proposed platinum card during the Gold Card announcement.
Looking Forward
Meeting the Trump administration’s estimated demand for Gold Cards may be unfeasible without congressional approval. Expanding the number of visas available through the Gold Card, or ostensibly through the EB-1 and EB-2 programs, would likely require congressional action. It also remains unclear how the program will treat existing EB-1 and EB-2 visa applicants who are already experiencing a significant visa backlog.
The Department of Commerce, in coordination with the Department of Homeland Security (DHS) and the State Department, will issue details on the Gold Card program in the coming months. In the meantime, we expect multiple lawsuits challenging the program, in addition to reactions from Congress. Individuals and businesses considering sponsorship or seeking Gold Cards should closely monitor forthcoming guidance and be prepared for shifting requirements as agency guidance, litigation and congressional action unfold. Brownstein will continue to monitor developments.
