Trump’s “Gold Card” Is No Longer Just a Slogan — It Is Moving Into Implementation

Trump’s “Gold Card” proposal has truly arrived — and it is no longer merely political rhetoric.

Do you remember when Trump publicly declared: “Pay $5 million and buy a U.S. Gold Card”? Many assumed it was simply a campaign catchphrase. But now, it is clear that this concept is entering the implementation phase.

The timeline:

• Trump publicly introduced the concept of the “Gold Card,” proposing permanent residency in exchange for a $5 million contribution;

• On September 19, the White House issued an Executive Order requiring relevant government agencies to complete the full implementation of this program by December 18;

• On November 19, the core application form — Form I-140G — received OMB approval and is expected to be placed into official use shortly.

  

What Does the Gold Card Application Process Look Like?

The proposed process includes:

• Submitting a “Gold Card” program application to the U.S. Department of Commerce;

• Paying a $15,000 government filing fee per applicant via pay.gov;

• Filing Form I-140G with U.S. Citizenship and Immigration Services (USCIS).

USCIS will review the I-140G to determine the applicant’s eligibility and verify whether the donation funds are lawful and properly sourced.

What Is Form I-140G?

Form I-140G is a newly created immigrant petition designed specifically for the Trump Gold Card program. All applicants seeking permanent residency through this pathway must file Form I-140G with USCIS.

What Will USCIS Review Under I-140G?

USCIS will evaluate:

• The legality and traceability of funds donated to the U.S. Treasury;

• Whether the applicant meets the baseline eligibility requirements of the program;

• Whether the applicant qualifies as having “extraordinary business ability” or meets the criteria for the National Interest Waiver (NIW).

Under the Gold Card framework, individual applicants or corporate sponsors may donate directly to the U.S. Treasury, thereby establishing that the applicant either possesses extraordinary business ability or contributes directly to U.S. national interests — allowing qualification under EB-1A or NIW immigrant categories without traditional labor certification procedures.

Important Note:

If applying through the Gold Card NIW route, Form ETA-9089 Appendix A must still be submitted. As with standard NIW filings, no certified PERM is required.

Fee Structure of the Gold Card Program

Nature of Funds

These funds are not EB-5-style investments. Instead, they constitute irrevocable donations to the U.S. Department of Commerce:

• No financial return

• Non-refundable

• Full source-of-funds documentation required

Will Source of Funds Be Reviewed?

Yes. According to the draft I-140G guidance, the scrutiny level for source-of-funds verification is nearly equivalent to EB-5 standards. However, as this is structured as a non-reversible government donation model, how these requirements will be enforced in practice — and whether new adjudication standards will emerge — remains uncertain pending detailed implementation rules.

Cryptocurrency Included in Review

Applicants must disclose all financial accounts, including cryptocurrency holdings. While cryptocurrency is acceptable, it must be processed through compliant trading platforms, and all transactions must be verifiable on the blockchain.

Q&A: Application Location

Applicants Outside the United States:

Applications will be processed through the U.S. Department of State by filing DS-260G and completing interviews at U.S. embassies or consulates abroad. The DS-260G is expected to closely mirror the existing DS-260 form and is currently undergoing expedited approval

Adjustment of Status Within the U.S. (I-485):

As of now, official guidance has not clarified whether Gold Card applicants may adjust status from within the United States. This remains an unresolved policy issue.

Does the Gold Card Allow Applicants to “Jump the Line”?

No. Form I-140G explicitly states that an immigrant visa number must be available before proceeding. This means Gold Card applicants are still subject to visa bulletin priority dates and numerical caps, just like traditional EB-1 and EB-2 applicants.

Can One Applicant Include Family Members?

Yes — but it depends on the selected pathway.

• Individual Gold Card Path:A $1,000,000 donation may cover the principal applicant, spouse, and minor children.

• Corporate Gold Card Path:A $2,000,000 donation covers only the principal applicant. Each accompanying spouse or child requires an additional $1,000,000 donation per person.

“Platinum Card” Program: Still Theoretical

The U.S. government has not released formal details concerning the “Platinum Card” program. While it does not appear in Trump’s September Executive Order, it has been listed as an option on the Gold Card official website.

According to that site, the Platinum Card would allow a foreign national to pay $5 million (plus fees) to:

• Reside in the U.S. for up to 270 days per year

• Exempt non-U.S. sourced income from U.S. taxation

However, this program remains conceptual and lacks a statutory or regulatory framework.

Attorney Commentary: Will the Gold Card Ultimately Survive?

Based on current observation, certain clients are actively awaiting formal rollout of the Gold or Platinum Card programs, while others continue evaluating EB-5 investments and weighing alternative immigration strategies.

From a legal perspective, if the Gold Card moves into operational status, stakeholders associated with EB-1, EB-2, and EB-5 categories are highly likely to initiate litigation challenging its legality, fairness, and potential disruption of the existing employment-based immigration system. Judicial review is therefore almost inevitable.

Strategic Recommendation for Applicants

Prospective immigrants should carefully evaluate their options in light of these uncertainties and avoid premature decisions that could expose them to unnecessary policy risks. Our firm will continue to monitor ongoing developments regarding both the Gold Card and Platinum Card programs and provide timely, professional updates — particularly concerning their impact on established immigration pathways such as EB-5.