President Trump’s rollout of the Gold Card began with an announcement designed to redefine the legal immigration system by tying permanent residence to a large, upfront financial contribution. What started as a headline-making idea became formal policy in September 2025, when the White House issued a presidential proclamation directing the Secretary of Commerce to establish the Gold Card program. Under this framework, individuals may obtain permanent residency by making a one million dollar nonrefundable gift to the U.S. Treasury, while corporations may sponsor foreign workers through a two million dollar contribution. The administration described the program as a way to attract capital, simplify immigration for high net worth applicants, and reduce reliance on the traditional system of labor certification and skill-based evaluations. At the same time, the proposal immediately raised questions about equity, accessibility, legality, and the practical effect on existing employment-based immigrant visa categories.

How the Gold Card Fits Into the EB-1 and EB-2 Green Card System

The proclamation directs federal agencies to treat the required financial gift as evidence of eligibility for the EB-1A extraordinary ability category, the EB-2 exceptional ability category, and the EB-2 national interest waiver. This means the Gold Card does not create a new immigration category but is absorbed into the existing employment-based system. The contribution itself is treated as sufficient proof of extraordinary ability, exceptional ability, or national benefit, bypassing the traditional evidentiary standards that normally require documented achievements, credentials, and sustained acclaim. Importantly, the proclamation does not modify the statutory numerical caps that control both the EB-1 and EB-2 categories. Gold Card applicants therefore compete for the same immigrant visa numbers that are already subject to long backlogs for nationals of India, China, and other oversubscribed countries named in the monthly visa bulletin. This preserves the same priority date queues and wait times, meaning the Gold Card may change the qualification process but does not offer a faster route to permanent residency.

OMB Fast Track Approval of the New Form I-140G

To implement the program, USCIS created a new petition, Form I-140G Immigrant Petition for the Gold Card Program. The Office of Management and Budget granted emergency fast track clearance for this form so that adjudications could begin without delay. Under OMB control number 1615-0167, the clearance remains temporary for six months while the agency completes the longer regulatory review and public comment process. The approval authorizes USCIS to collect the information needed to determine eligibility under the EB-1A and EB-2 national interest waiver framework and supports immediate operational readiness for the program.

Gift Amounts and Fees for Gold Card Applicants and Dependents

The draft Form I-140G instructions explain how the financial contribution applies to each family member. A self-petitioner must contribute one million dollars for every person included on the petition. This includes the principal applicant, a spouse, and each child. A corporation must contribute two million dollars for the principal worker and one million dollars for each dependent. These amounts operate on a per-person basis and are separate from the filing fee, which is set at fifteen thousand dollars for each applicant. The structure makes clear that dependents are individually priced and must be accounted for when calculating the total required gift.

Evidence That Gold Card Funds Must Be Lawfully Obtained

The instructions emphasize that every Gold Card petition must show that the funds used for the required gift were obtained through lawful means. USCIS will not accept the contribution unless the petitioner proves both the availability of the funds and the legality of their origin. This rule aligns the program with long-standing safeguards used in investment-based immigration processes. Evidence may include bank statements, tax filings, financial records, business documentation, or other materials tracing the path and source of funds. USCIS may request original documents, background checks, and biometrics to verify identity and validate the financial information submitted. This requirement reinforces that the Gold Card is not a simple purchase of a green card but a process subject to anti-fraud and national security review.

Key Fields Required on Form I-140G for Gold Card Eligibility

The proposed Form I-140G requires extensive biographical, financial, and immigration information. Petitioners must first select the immigrant classification, choose whether the filing is made by an individual or corporation, and identify the number of people requesting Gold Cards. The form collects all names used, birth information, citizenship history, passport details, and immigration history, including I-94 and admission records. It also requires a complete twenty-year employment history and a full educational history. Dependents must submit the same detailed information on the supplement pages. Self-petitioners must complete a comprehensive Source of Funds section covering net worth, financial accounts, the path of funds, and documentary proof of lawful sourcing. Corporate petitioners must provide ownership details, financial statements, federal tax returns, and documentation tracing the path of the company’s transferred funds. Both individuals and corporations must complete a broad attestation section relating to criminal history, sanctions concerns, human rights issues, foreign government involvement, national security matters, and financial integrity. These fields together give USCIS the foundation it needs to evaluate eligibility under the Gold Card framework.

As the Gold Card moves closer to becoming a functioning immigration pathway, the emerging details reveal a program that is far more complex and costly than many initially expected. The per-person gift requirements, along with the fifteen-thousand-dollar filing fee, create a financial structure that stands out even among investment-based immigration options. At the same time, its integration into the existing EB-1 and EB-2 framework confirms that the program does not bypass the long-standing statutory caps or the backlogs that shape the employment-based green card process. The result is a pathway that may be legally recognizable within the current system but not necessarily faster or easier for applicants from oversubscribed countries. With these realities now clearer, the ultimate question is how many individuals or companies will view the Gold Card as a viable option and whether the financial and procedural demands will attract serious applicants or limit participation to a small group willing to test this unprecedented approach to U.S. permanent residence.

By: Emily Neumann

Emily Neumann is Managing Partner at Reddy Neumann Brown PC with over 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. Emily has helped transform the firm from a solo practice to Houston’s largest immigration law firm focused exclusively on U.S. employment-based immigration.  She received her Bachelor’s degree in Biology from Central Michigan University and her Juris Doctorate degree from the University of Houston Law Center. Emily has been quoted in Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in immigration. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management.