The Trump administration opened applications for a “Gold Card,” an expedited route to U.S. residency. According to the program’s website, applicants must pay a nonrefundable $15,000 processing fee and, if approved, an additional $1 million, while companies sponsoring employees pay $2 million per worker.
The site depicts a gold, credit-card-style credential bearing the president’s portrait and signature.
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Is this legal?
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Gold Card approval grants immediate permanent residency, while EB-5 applicants receive conditional residency for two years.
Immigration attorneys and policy analysts say the program’s legal footing is uncertain. The Washington Post reports that experts argue that a president cannot unilaterally create a new visa category without congressional approval and that such a move would likely face court challenges.
The Cato Institute, a libertarian think tank that has long supported price-based visas in principle, wrote that this version is “likely illegal.” A commentary on Cato’s website pointed to the Immigration and Nationality Act’s specific green-card categories and noted that ending or replacing existing categories by executive action would also be unlawful.
What the executive order actually does
Trump signed an executive order in September instructing the Commerce Department to run the Gold Card program. He also ordered the State Department and the Department of Homeland Security to treat each $1 million “gift” (or $2 million if paid by a company) as evidence for eligibility for EB-1 or EB-2 visas, which are issued to people with advanced degrees or exceptional business ability. The payments also can justify issuance of a national-interest waiver “to the extent consistent with law,” Trump’s order said.
Trump also told the agencies to consider extending the program to applicants for EB-5 visas, which provide permanent residency to individuals who make significant investments in U.S. businesses.
The order directed agencies to expedite processing, set administrative and maintenance fees and permit corporate sponsors to transfer a Gold Card slot to another employee, subject to screening.
The proceeds from Gold Cards will be placed in a dedicated fund for promoting commerce and American industry.
How the application would work in practice
After security vetting, approved applicants who pay $1 million “receive U.S. residency in record time,” the Gold Card site says.
The New York Times notes that the program relies on existing EB-1 and EB-2 visa categories. While the administration promises expedited processing for most, officials acknowledge that applicants from certain countries could still face delays of a year or longer due to visa caps.
Trump says the program will raise “probably billions of dollars” and help companies retain “invaluable talent,” adding that Apple would be “happy” with the change. The company said it would invest $600 billion to bring some of its manufacturing back to the U.S. over the summer.
Critics’ concerns
Opponents told The Washington Post that the program creates a “two-tier” system that disproportionately benefits wealthy applicants. They contrasted expedited entry for the ultra-rich with what they described as aggressive raids, restrictions and quick deportations elsewhere in the immigration system.
The Cato analysis adds that individuals with very high net worths face fewer legal hurdles to permanent residency. Cato also said that U.S. tax rules disincentivize relocation and that the White House cannot unilaterally alter tax treatment for a new class of immigrants.
Another offer on deck: a $5M ‘platinum card’
When Trump initially announced the Gold Card program in February, he put a higher price tag on residency.
“You have a green card,” he said on Feb. 25. “This is a gold card. We’re going to be putting a price on that card of about $5 million. And that’s going to give you green card privileges plus it’s going to be a route to citizenship.”
“They’ll be wealthy, and they’ll be successful, and they’ll be spending a lot of money and paying a lot of taxes and employing a lot of people,” the president added. “And we think it’s going to be extremely successful.”
Now, the Gold Card website also includes a waitlist for a $5 million “Platinum Card.” The Times reports this tier would allow foreign nationals to reside in the United States for up to about nine months a year without being subject to U.S. taxes on income earned abroad.
Where this fits in a shifting immigration landscape
In recent weeks, the administration paused decisions on asylum applications and promised to review prior asylum approvals while signaling heightened vetting, The Times reported.
Supporters frame the Gold Card as prioritizing entrants who “affirmatively benefit the nation.” Opponents see conflicting signals and anticipate litigation over whether a private payment can stand as evidence under existing visa standards.
What’s next
Applications are now being accepted.
The executive order says implementation must remain “consistent with applicable law,” and immigration attorneys and policy analysts say courts are likely to test how far existing statutes allow agencies to treat a private payment as qualifying evidence for EB-1 and EB-2 permanent-resident categories.
