Details of Trump’s Gold Card Program are Released

The U.S. Citizenship and Immigration Services (USCIS) has released the details governing the new Gold Card program, an immigration initiative established by Executive Order 14351. The program will allow foreign nationals to pay a fee in order to apply for lawful permanent residency (i.e., a “green card”) via the EB1(a) category for aliens of extraordinary ability or the EB2 national interest waiver program.

The initial step in this process is the filing of form I-140G (immigrant petition for the gold card program). Similar to the EB5 immigrant investor program, the gold card applicant has the burden of demonstrating the lawful source of the funds. Assuming the application is approved, the applicant may proceed with consular processing through the U.S. Department of State (DOS) to obtain an immigrant visa when their priority date becomes current.

Mandated Financial Requirements and Costs

The program requires a two-part financial commitment: a nonrefundable processing fee of $15,000 and a sizeable “gift.” The gift amount is $1 million for the principal applicant and additional $1 million for each dependent family member, if filed by an individual. The cost is $2 million for the principal applicant if filed by a corporate sponsor, plus an additional $1 million per dependent family member. Note that the $15,000 processing fee is also the cost per person, not per petition.

Overview of Process

The USCIS has indicated that these petitions will be processed in a matter of weeks. After that, once the person’s priority date is current, they must attend an interview at a U.S. consular post. It appears that there will be no adjustment of status permitted under the Gold Card program.

Conclusion

The Gold Card may face legal challenges but, at least for the time being, the program is available for those with the cash and inclination to potentially obtain a green card quickly. Those interested in applying for a Gold Card or learning more about the program are encouraged to schedule a consultation with a knowledgeable attorney.

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