The Gold Card Visa is Here (Sort Of)
By Amber Davis, Principal Attorney at Waypoint Immigration USA, and Kate Luther
The President’s proposed “Gold Card” made headlines when he first announced the idea in early 2025, and we wrote about it at length when an Executive Order (EO) was issued later that same year.
This EO directed the U.S. government to create a new option for high net worth individuals, but didn’t offer much in the way of process and methodology. The one thing that was clear was what it would represent: an immigration pathway that allowed wealthy foreign nationals to exchange a substantial financial gift to the U.S. for permanent residence in the United States.
That sentiment is still in place, and the program is officially accepting applications. But the structure has changed, and calling the Gold Card a “new visa category” is a little misleading.
So, let’s start with what it actually is.
What is The Trump Gold Card Visa?
While the government originally teased a $5 million price tag, that has been reduced to a $1 million donation (although a new $5 million “Platinum Card” is mentioned on the official website as Coming Soon).
Unlike the EB-5 Investor Visa, applicants are not required to commit to job creation when making their donation. Family is not automatically included in the deal either. Spouses and unmarried children under 21 can come with you, but they must pay a separate $15,000 processing fee AND make a separate $1 million donation.
And while this was originally touted as a new pay-to-play visa pathway (requiring Congress to create it), the government is structuring the Gold Card around existing EB-1 and EB-2 employment-based green card categories, using the Extraordinary Ability (EB-1A) and the National Interest Waiver (EB-2 NIW) classifications to allow self-sponsorship and waive PERM requirements. That distinction is at the center of one of two ongoing lawsuits challenging the program (we’ll cover that in a minute), and it raises all kinds of important questions about the legality of the program, eligibility requirements, and a host of other issues.
At this writing the government has confirmed that one Gold Card visa has been issued, but no additional information on the recipient has been provided. (The administration also asserts that the Gold Card given to Nicki Minaj in January 2026 was a “commemorative memento” and did not grant residency.)
DHS has also confirmed (via court filings in April 2026) an additional 338 people have formally applied, with 165 of those applicants having paid the $15,000 processing fee.
You Are Still Subject to Annual Caps and the Visa Bulletin
Despite a lot of fanfare and the government’s continued assertion that processing should “only take weeks,” the Gold Card visa is still subject to all the annual caps that limit employment-based immigrant visas. It still also requires you to work through the Visa Bulletin using your priority date.
That language is in the executive order itself, instructing agencies to implement the program within existing statutory visa limits. That means that any backlog in the system will potentially affect you too, and the official Gold Card website now confirms that in its FAQs, acknowledging that applicants from some countries could face waits of a year or longer because of visa availability.
Simply put: You are not allowed to jump the line.
The Gold Card is Facing Legal Challenges
There are also currently two major lawsuits working their way through the courts.
The first was filed in February 2026 by the American Association of University Professors (AAUP) and several individuals with employment-based immigration cases, challenging the legality of the program itself.
The plaintiffs here argue that Congress established the requirements for the EB-1 and EB-2 visas, and the government does not have the authority to bypass those requirements. This argument refers specifically to the government’s instructions to treat the $1 million donation as “evidence of eligibility.”
They also argue that Gold Card applicants could consume some of the same limited supply of EB-1 and EB-2 immigrant visas available to traditional applicants, potentially increasing waits for people qualifying through the ordinary process.
The government filed a Motion to Dismiss in April, and Plaintiffs responded to the Motion in August.
In May, the United Auto Workers (UAW) signed on as co-Plaintiffs via an amended complaint.
The case is being heard by Judge Richard J. Leon in the U.S. District Court for the District of Columbia. Judge Leon is currently considering both arguments and will rule on whether to dismiss the case or allow it to proceed to discovery.
The second case is a parallel Freedom of Information Act (FOIA) lawsuit filed by the Democracy Defenders Fund (DDF) to force disclosure of the program's underlying administrative records. This case is also filed in the U.S. District Court for the District of Columbia, and is being heard by Judge Amir H. Ali. It is currently progressing through scheduled status updates as the parties work through production requests.
The DDF filed this lawsuit after federal agencies ignored statutory deadlines to turn over records. Unlike the AAUP suit, this case is not specifically asking the court to stop the program; it’s instead questioning the pay-to-play secrecy of the system and demanding full transparency and accountability.
The Gold Card has been touted as a “rapid approval” solution to U.S. immigration, suggesting that the $1 million donation bypasses the current system. The government has also publicly claimed (in December 2025) that the Gold Card program had already generated $1.3 billion in revenue, but there’s no visible accounting mechanisms in place to track these funds and ensure they’re used to “promote commerce and American industry” as promised in the EO.
And this is where some of the program’s inconsistencies have started to emerge.
In its filings in the AAUP case, the government disputed the assertion that the Gold Card will displace traditional applicants for the existing EB-1 and EB-2 programs. Gold Card applications will not get priority or special treatment, according to DHS. But that assertion goes directly against the government's previous statements and language that can still be found on the official government website.
The White House has promised (and continues to tout) the ease and accommodation of the new Gold Card visa. The AAUP lawsuit is forcing DHS to push back on those claims. And the DDF lawsuit is demanding that all of this play out in the open, so the American people can see.
What Happens to Regular EB-1A and NIW Applicants?
The Gold Card program does not eliminate EB-1A or EB-2 NIW as it stands now. Applicants can still pursue those categories through the traditional process and establish eligibility based on existing requirements and criteria.
The larger question (and one being pursued in the AAUP litigation) is what happens if the Gold Card program eventually grows in popularity?
EB-1A and EB-2 NIW are subject to the larger annual caps placed on employment-based immigrant visas. These caps (and the existing eligibility requirements) were allocated and established by Congress. If the new Gold Card program starts to affect those numbers, then a program created by an EO is effectively bypassing laws established by Congress.
And that’s an issue.
At this moment, there isn’t any real impact to be concerned about, but the AAUP lawsuit is asking “what if?”.
We’ll keep you posted as the two lawsuits progress.
What’s the Next Step?
The Gold Card is no longer just a proposal. There is an application portal and a dedicated petition process. There are also at least 165 people who have officially paid the processing fee, and at least one Gold Card is reported to have been issued.
But how this moves forward remains to be seen.
There is no current path that allows you to make a $1 million gift and walk through the door. Gold Card applicants are still subject to all the same statutory caps and processing timelines as everyone else. They are proceeding under the existing EB-1 and EB-2 pathways. Additionally, litigation puts this gold card at risk and the $1 million gift at risk as well, but scams are prevalent and consultancies are still marketing this as a quick way into the U.S.
Be clear on what you’re buying before you sign a contract or pay any money.
In addition, because this program is currently established solely through the use of an Executive Order, it is conceivable that a future administration could decide the program isn’t working and “undo” it. How existing immigrants under that program would be transitioned is a question worth considering before you apply.
And the two legal challenges in play right now may impact how the program evolves as well.
Anyone considering the program should understand not only its significant financial requirements, but also the unresolved litigation surrounding the program and the underlying hurdles that still need to be worked out.
If you’d like to explore your immigration options, let us know. Waypoint Immigration USA works exclusively with individuals (not institutions), and we’re committed to protecting your interests throughout the process.
Contact our office for more information, or schedule a consultation with one of our experienced immigration attorneys.
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