In December 2025, USCIS released new forms and instructions for a program known as the “Gold Card”, created by Executive Order on September 19, 2025, without approval or action from Congress. While the program has been promoted as a fast and attractive path to a green card for wealthy individuals, the reality is far more complicated.
Based on guidance and analysis from the American Immigration Lawyers Association (AILA), this program raises serious legal, ethical, and financial concerns. At Heitz Immigration Law, we believe it is important for clients to understand not just what is being advertised, but what the risks actually are.
What Is the Gold Card Program?
The Gold Card is a new employment-based immigrant option that allows certain individuals (or corporate sponsors) to apply for permanent residence after making a very large financial “gift” to the United States.
The process begins online:
- Applicants must first register on trumpcard.gov
- Pay a nonrefundable $15,000 application fee per person, including spouses and children
- Only after USCIS accepts the registration can the applicant file Form I-140G, which is online-only (no paper filing allowed)
After background checks are completed, USCIS then instructs applicants to pay the required “gift.”
The Cost: Far More Than Most People Realize
The financial requirements are staggering:
Individual Applicant
- $15,000 filing fee per person
- $1 million “gift” per person
A family of four: $4 million donation + $60,000 in filing fees
Corporate Sponsor
- $2 million gift for the principal applicant
- $1 million per family member
A family of four: $5 million donation
And importantly:
There is no refund mechanism described if the case is denied.
Major Legal Red Flags
1. Derivative Family Members May Be Charged Separately
Under existing immigration law, spouses and children normally do not need to independently invest or donate money. However, the Gold Card form instructions appear to require separate $1 million gifts for each family member, which may conflict with:
- The Executive Order itself
- Longstanding immigration statutes (INA §203(d))
- Decades of USCIS practice
This raises serious questions about legality and overreach.
2. It’s Unclear Whether Existing EB-1 or EB-2 NIW Standards Still Apply
There is widespread confusion about whether applicants must still meet:
- EB-1 Extraordinary Ability standards, or
- EB-2 National Interest Waiver (NIW) requirements
USCIS has not clearly confirmed whether these legal standards still apply, or how applicants are expected to prove eligibility under the new program.
3. No Clear Adjudication Authority
USCIS has not disclosed:
- Which service center will adjudicate Gold Card cases
- Whether officers will be diverted from other programs, such as EB-5
This matters because Congress has mandated USCIS to prioritize certain programs. Diverting officers to a discretionary executive-order program could slow down other cases and create legal challenges.
4. Financial Disclosure Requirements Are Extensive and Invasive
The I-140G requires:
- Disclosure of net worth
- Proof of lawful source of funds
- Listing all spouse financial accounts, including cryptocurrency
- 20 years of employment history
Even though spouses and children are not providing the funds, their finances are still scrutinized—far beyond what is required in most immigration categories.
5. No Safeguards for the $1 Million “Gift”
One of the most troubling aspects:
- The $1 million (or more) gift appears to be required before final approval
- No escrow
- No refund policy
- No procedural protections if the case is denied
This exposes applicants to extraordinary financial risk.
Consular Processing Is Also Unclear
Approval of Form I-140G is only the first step. Applicants must still:
- Apply for an immigrant visa through a U.S. Embassy or Consulate abroad
- Or possibly apply for adjustment of status in the U.S. (this has not been confirmed)
Key questions remain unanswered, including whether applicants already in the U.S. can adjust status or must leave the country.
Why Executive Orders Can’t Replace Immigration Law
Immigration law is created by Congress, not by executive order. While executive actions can guide agencies, they cannot create new mandatory financial thresholds or override statutory rights.
Any expansion, such as requiring per-dependent donations, would likely require congressional approval and may be vulnerable to legal challenge.
Ethical Concerns for Clients and Lawyers
From an ethical standpoint, this program places both applicants and attorneys in a difficult position.
According to AILA guidance:
- Lawyers must clearly explain that this program is new, untested, and legally uncertain
- Clients must understand:
- The risk of denial
- The possibility of losing millions of dollars
- The lack of program history or precedent
Lawyers should never promise success or imply the likelihood of approval. Written consent acknowledging these risks is strongly recommended.
Becoming a so-called “Gold Card lawyer” carries significant professional risk when clients face such massive potential losses.
Bottom Line: Proceed With Extreme Caution
Despite the marketing, the Gold Card is not a simple or guaranteed solution. It is:
- Extremely expensive
- Legally unsettled
- Ethically complex
- Lacking clear safeguards
At Heitz Immigration Law, our role is to protect clients not sell risky shortcuts. Anyone considering the Gold Card should first explore established, lawful immigration options and wait for further clarification, regulations, or court guidance.
Source: Analysis and practice guidance from the American Immigration Lawyers Association (AILA)
If you would like a consultation to discuss safer immigration strategies or to understand how this program may (or may not) apply to your situation, we are happy to help.
