The Gold Card program to expedite immigration based on wealth is a legal fantasy. It will die by court decision. For the time being, the Administration is telling people to pay a processing fee of $15,000 for a review that will take weeks – and will not end well.
“A Joke”
In February President Trump said he was creating a new way to enter permanently into the United States and that the program would be available in two weeks. In June the White house created a Gold Card website. On Sept 19 the White House issued the first formal statement. Here is the “official” website which began taking applications in the past few days.
Might be time to update that inscription on the Statue of Liberty: ‘Never mind your poor and tired. Give us a million bucks — you’re in.’” — JIMMY KIMMEL
“You would think that a transaction like this would involve a good deal of paperwork, right? Nope. The application’s one page long. You have to give more information to rent a Toyota Camry.” — JIMMY KIMMEL
The Executive Action
On Sept 19,2055 the President issued an Executive Action establishing a Gold Card. The program works as follows. An individual makes an “unrestricted gift” of $1 million – a Gold Card–or a business of $2 million on behalf of the individual – a Corporate Gold Card. (In this posting I don’t discuss the $5 million Platinum Card). In response, “In adjudicating visa applications, the Secretary of State and the Secretary of Homeland Security shall, consistent with applicable law, treat the gift specified in subsection (a) of this section as evidence of eligibility under 8 U.S.C. 1153(b)(1)(A), of exceptional business ability and national benefit under 8 U.S.C. 1153(b)(2)(A), and of eligibility for a national-interest waiver under 8 U.S.C. 1153(b)(2)(B).”
Apply now!
The Gold Card website says that “once an applicant’s processing fee and application are received, the process should take weeks. The applicant will need to attend a visa interview and submit any additional documents in a timely manner.” I filled out an application(12/12/25). I was asked my place of birth and nationality (I chose a UK birth and address. At that point, with no further steps or advice, I was sent to a page to pay a “Processing Fee: $15,375 (If using credit card, an additional 2.5% fee is included.)” It is not clear if this fee is refundable.
Go here for an annotated review of these and other provisions in the pertinent immigration statutes.
8 U.S.C. 1153(b)(1)(A) – EB-1 visa: Extraordinary Ability
The EB-1 extraordinary ability visa is an employment-based immigrant category for individuals at the very top of their fields. Roughly 40,000 visas per year (including dependents) are available under the EB-1 cap. Applicants must show sustained national or international acclaim, proven through major awards or extensive evidence such as publications, original contributions, judging others’ work, or leading roles, and must demonstrate continued work benefiting the United States.
8 U.S.C. 1153(b)(2)(A) EB 2 visa: Advanced degree or exceptional ability
There is a 10,000 annual ceiling for EB-2 visa issuances. It is for professionals with advanced degrees or individuals of exceptional ability in the sciences, arts, or business. Applicants must either hold an advanced degree (or a bachelor’s plus five years of progressive experience) or demonstrate exceptional ability with strong evidence such as education, long-term experience, high salary, or recognition. A permanent job offer and PERM labor certification from a U.S. employer are required,
8 U.S.C. 1153(b)(2)(B) National Interest Waiver
Within EB‑2, this allows the Attorney General/Secretary of Homeland Security to waive the job‑offer and labor‑certification requirements when doing so is in the “national interest.”
Legal challenges
The program threatens the INA’s visa allocation system. Employment-based visas are numerically capped and allocated by priority date. Courts have repeatedly held that agencies may not reorder congressionally mandated priorities through administrative convenience or political preference. In Gonzales v. Oregon, 546 U.S. 243, 258 (2006) the court held that agencies may not “rewrite clear statutory terms” when agencies attempt to reorder statutory priorities.
INA §286(m), 8 U.S.C. §1356(m) authorizes USCIS to set fees “at a level that will ensure recovery of the full costs of providing all such services” related to immigration adjudication and administration. It does not authorize fees to raise revenue, fund unrelated government programs, or incentivize particular immigration outcomes.
Congress has specified how money can lawfully intersect with immigration through the EB-5 investor visa, which is tightly legislated with specific dollar thresholds and safeguards. The Gold Card program bypasses that structure entirely. For these reasons, the program is likely to be viewed by courts not as a permissible exercise of discretion, but as an unlawful end-run around Congress’s exclusive authority over immigration law.
A lawsuit to challenge the program needs to be brought by someone who has standing, and that party will likely be a person who says their application for an EB-1 or EB-2 visa has been or will be harmed by the Gold Card.
This December 8 article by Columbia University undergraduates focuses on Congressional powers. The Gold Card Visa is unconstitutional because it creates a new, wealth-based immigration category without congressional authorization.