The Legal Brief: An Immigration Attorney Weighs In on Trump’s Gold Card
Today’s memo is brought to you by Ana Gabriela Urizar, an immigration lawyer with almost a decade of experience and over 15,000 cases filed.
Applications for the Trump Gold Card are officially open. In exchange for a contribution of at least $1 million and a $15,000 processing fee, qualified applicants may pursue permanent residence through the EB-1 or EB-2 categories, with a promise of “expedited processing.”
New immigration programs don’t come along often, and the Gold Card has generated understandable interest. As with any new immigration policy, however, the details matter. While the framework is now live, certain aspects of how the program will operate in practice are still coming into focus.
What immigration attorneys want you to know about the Trump Gold Card
After closely reviewing the official Trump Gold Card website and Form I-140G, there are a few things that I want to make sure prospective applicants keep in mind before applying:
1. Not just anyone can spend $1 million to get a Green Card.
Just like any other path to permanent residence, Gold Card applicants must demonstrate good moral character and attest to whether they’ve ever been sanctioned or charged with a criminal offense.
USCIS’s Form I-140G, the official application for the Gold Card, also requires extensive documentation about the source of your $1 million gift. This is similar to the EB-5 investor visa, which requires applicants to prove that their funds originate from lawful, legitimate sources. Failure to meet these standards may result in the denial of the application.
| 💰 Did you know? Form I-140G allows you to prove your source of funds with crypto currency. To do this, you’ll need to provide a wallet address that can be traceable through blockchain. |
2. Getting approved for the Trump Gold Card doesn’t mean you’ll get a Green Card right away.
Applicants will apply for the Gold Card under the EB-1 or EB-2 preference categories. This means that they’ll still be subject to the Visa Bulletin—so if you’re from a backlogged country like China or India, the Gold Card pathway may not significantly shorten your Green Card timeline.
3. Additional guidance from the government is still expected.
Because the Gold Card program is brand new, several practical questions remain open, such as:
- How much faster will Gold Card applications be processed? Will processing timelines differ from regular Form I-140 premium processing? This may not become clear until the first few Gold Card applications are fully completed by USCIS.
- Is the $1 million gift refundable if a Gold Card application is denied? From a legal perspective, the “gift” language leads me to believe that it won’t be considered refundable. But that leaves the question open about what happens to that gift if an application is denied. Some of our attorneys have debated whether it may be transferable to another Gold Card application, but ultimately, it remains unclear at this time.
- How will applications be handled for individuals within the United States? Our immigration attorneys noticed that Form I-140G only mentions consular processing, not adjustment of status. We expect further guidance to be released on how applicants can adjust to Legal Permanent Resident (LPR) status without first having to depart the United States for a consular appointment.
Whenever a new immigration policy is rolled out by the government, it’s normal for questions like this to remain open. Many of them may not be answered until we see how the program is practically implemented for the first few beneficiaries.
Before you apply for the Trump Gold Card….
I encourage clients to approach the Gold Card with eyes open. While some may be comfortable applying early, others may prefer to wait until the government has worked through initial implementation questions. The right timing depends on each applicant’s circumstances.
For anyone considering applying for Trump’s new Gold Card, I suggest:
- Consulting with an immigration attorney first, as the process is new and complex.
- Considering to wait until more official guidance is released from the government, especially before you pay non-refundable processing fees.
- Continuing to build your case, and considering applying for the EB-1 or EB-2 Green Cards in the traditional ways. The Trump Gold Card, at this time, is not replacing the EB-1A or the EB-2 NIW.
If you’d like to discuss whether you should apply for a Gold Card, you can request a consultation with Manifest Law today.
Keep reading for more insights and news from the desk of Manifest’s immigration attorneys.
Sincerely,
Ana Gabriela Urizar
