President Trump Signs Executive Order Establishing “Gold Card” Program

22 Sep 2025

Donald Trump signed an executive order on September 19, 2025, ostensibly creating a new “Gold Card” program that would provide foreign nationals with a green card based on making a substantial financial contribution to the United States. The program requires donations of $1 million for individuals or $2 million for corporations making payments on behalf of individuals, with funds supposedly to be used to promote commerce and American industry.

Program Structure and Requirements

Under the executive order, the Secretary of Commerce is to oversee the Gold Card program in coordination with the Secretaries of State and Homeland Security. The program would offer expedited immigrant visas for aliens donating $1 million individually or $2 million if paid for by a corporation or similar entity on behalf of an individual.

Relationship to Existing Immigration Categories

Commerce Secretary Howard Lutnick has indicated that this program could replace the EB1 and EB2 employment-based immigration categories, though it is unclear whether he meant the complete EB1 and EB2 programs, or if he only meant EB1(a) for aliens of extraordinary ability and EB2 national interest waivers.

However, despite the administration’s claims, replacing the EB1 and/or EB2 programs very likely would require a change in the law by Congress, as these visa categories are established by federal statute under the Immigration and Nationality Act.

Proposed “Platinum Card” Enhancement

In addition to the Gold Card program, Trump has proposed creating a “Platinum Card” tier requiring a $5 million investment. This higher-tier program would provide additional benefits, including exempting green card holders from taxation on non-U.S. income if they spend up to 270 days per year in the United States. Commerce Secretary Lutnick has acknowledged, however, that implementing the Platinum Card would require Congressional approval.

Implementation Timeline and Process

The executive order directs the relevant cabinet secretaries to establish application processes, fees, and potential expansions to other visa categories. However, specific implementation timelines and detailed program requirements have not yet been announced. Moreover, it seems inevitable that it will face legal challenges.

Legal and Practical Considerations

The Gold Card program represents an attempt to create a new pathway for wealthy foreign nationals to obtain U.S. permanent residence based on financial contributions rather than traditional employment or investment criteria. Unlike the existing EB5 investor program, which requires job creation and sustained investment in commercial enterprises, the Gold Card appears structured as direct financial gifts to the federal government.

Questions remain about how this program would interface with existing immigration law, particularly given that current statutory frameworks do not explicitly provide for visa issuance based on unrestricted gifts to the government. The program’s legal foundation may face scrutiny as implementation proceeds.

Conclusion

While the Gold Card program represents a significant policy initiative aimed at attracting wealthy immigrants, its ultimate implementation will depend on resolving statutory and regulatory challenges. The Murthy Law Firm will continue to track and provide updates on this developing story. Subscribe to the free MurthyBulletin to have weekly updates delivered to your inbox.

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