The U.S. “Gold Card” Program: Philanthropy as Immigration, and the Structural Risks Beneath It

The recently announced U.S. “Gold Card” program represents one of the most consequential—and controversial—shifts in employment-based immigration policy in decades. Marketed as a streamlined path to permanent residence for ultra-high-net-worth individuals, the program reframes lawful permanent residence not as a reward for merit or investment, but as the result of a substantial, non-refundable financial gift. 

While official guidance remains limited, the structure revealed so far raises significant legal, operational, and policy questions. 

The Emerging Gold Card Process 

Based on information released through TrumpCard.gov and early agency materials, the Gold Card process appears to follow these steps: 

1. Initial application submitted through TrumpCard.gov, including basic biographical information   

2. Payment of a $15,000 processing fee per person through the U.S. Department of the Treasury’s Pay.gov portal   

3. Online filing of Form I-140G with USCIS for preliminary vetting of funds   

4. Submission of a non-refundable donation of:   

- $1,000,000 per family member for individual filings, or     

- $2,000,000 for the principal plus $1,000,000 per dependent for corporate filings   

5. Mandatory consular processing at a U.S. embassy or consulate abroad, including immigrant visa issuance and entry as a lawful permanent resident   

According to the program’s official website, the entire process is expected to take several weeks, suggesting the presence of a built-in “premium processing” mechanism comparable—though far more expensive—to the $2,805 premium processing options available for EB-1A and NIW petitions. 

The Gold Card was established by a September 19 presidential proclamation, which granted federal agencies 90 days to issue detailed implementing regulations. That 90-day deadline falls on December 18, indicating that additional guidance should emerge imminently. 

There have also been unconfirmed references to a “Platinum Card” option—reportedly involving a $5 million payment in exchange for limited U.S. residence and exemption from U.S. tax on foreign income—but no formal details have been released. 

A Shift From Merit-Based Immigration to High-Net-Worth Philanthropy 

Congress created EB-1A and EB-2 National Interest Waiver (NIW) categories to attract individuals whose extraordinary ability or national importance advances U.S. interests. The Gold Card, implemented through Form I-140G, overlays these categories with a single determining factor: wealth. 

Under the Gold Card framework: 

- The applicant’s professional merit, achievements, or national contributions are largely irrelevant   

- A financial gift substitutes for evidentiary proof of extraordinary ability or national interest   

- Filing fees of $15,000 per petition remain, in addition to the donation   

- Applicants must still provide extensive source-of-funds documentation, comparable to EB-5 investor scrutiny  

Structural Oddities in Form I-140G 

Several features of the newly published Form I-140G suggest that USCIS may be implementing the program under directive rather than institutional enthusiasm. 

A. Mandatory Consular Processing 

The instructions to Form I-140G explicitly prohibit Adjustment of Status. Every applicant—regardless of current lawful presence in the United States—must depart the United States, attend a consular interview abroad, and re-enter the U.S. as a permanent resident. 

This is highly atypical. Standard employment-based forms, including Form I-140 (EB-1A/NIW) and Form I-526E (EB-5), expressly allow applicants to choose between adjustment of status and consular processing. Form I-140G offers no such choice. 

B. Multimillion-Dollar Credit Card Payments 

The program permits multimillion-dollar payments through Pay.gov, reportedly including credit card transactions. From an operational perspective, this is extraordinary. From a fraud-prevention standpoint, it is counterintuitive. 

Why EB-1A Will Dominate Gold Card Filings 

Although the Gold Card technically allows filings under both EB-1A and NIW, the structure all but guarantees that EB-1A will dominate. 

NIW filings under the Gold Card still require submission of an uncertified ETA-9089 and placement within the EB-2 visa quota, which is subject to severe backlogs. EB-1A avoids these burdens. 

This concentration will exacerbate EB-1 retrogression, already significant for China and India. 

Gold Card vs. EB-5: An Economic Reality Check 

For most families, EB-5 remains more financially rational. A family of four would spend $4 million in non-refundable donations under the Gold Card, versus $800,000 in a rural EB-5 investment with potential capital return.

Conclusion 

The Gold Card appears tailored to ultra-high-net-worth individuals willing to exchange large, non-refundable gifts for immigration benefits. It treats money as a substitute for merit, adds demand without adding visa supply, and raises fundamental questions about the future of merit-based immigration.  

© Becky Fu von Trapp, Esq. All rights reserved. This content is original and may not be copied, reproduced, or distributed without attribution and prior permission.