Gold Card program goes live

On September 19, 2025, the White House issued an Executive Order establishing the Gold Card Program — a new pathway for foreign nationals to obtain U.S. lawful permanent residence by making a substantial financial contribution. Under the program, an individual may qualify by making a non-refundable “gift” of US$1 million; alternatively, a corporation may sponsor an individual by contributing US$2 million. The gift is intended to be deposited into a fund managed by the Treasury and used to advance U.S. commerce and industry. The contribution is per person so the size of the contribution will vary depending on the number of accompanying family members. The contribution per family member is $1 million.

Rather than creating a separate visa — the program integrates with existing employment-based immigrant categories by treating the financial gift as evidence of exceptional business ability or national benefit under existing law (specifically eligibility under EB-1 or EB-2, including the national interest waiver option). Accordingly, applicants remain subject to the statutory numerical visa caps and the priority-date backlogs that exist for EB-1/EB-2 categories. At this time, the EB-1 and EB-2 categories are fully subscribed for individuals born in India or mainland China.

 The program’s implementation is being facilitated through a new petition form, Form I-140G, “Immigrant Petition for the Gold Card Program”. The draft instructions for Form I-140G impose rigorous documentation and vetting requirements. In addition to the gift, each petitioner (or sponsoring corporation) will be responsible for a non-refundable filing fee of US$15,000 per applicant. Petitioners must disclose extensive biographical, immigration, and employment history; fully document all financial accounts — including bank, investment, corporate, and even cryptocurrency accounts, if applicable; and demonstrate the lawful source of the gifted funds. 

 From a tax perspective, Gold Card holders will be subject to US tax on global income (same treatment as a green card holder). While the administration has not commented on US estate tax exposure, until further notice, the assumption is Gold Card holders will be treated the same as any US tax resident.

What this means for prospective applicants and employers

• The Gold Card Program offers a highly capitalized but streamlined route to permanent residence — especially attractive to high-net-worth individuals or companies willing to invest.
• However, because applications fall under existing EB-1/EB-2 visa quotas, applicants from countries subject to visa backlogs (e.g., India, China) may not see significantly faster admission despite the financial contribution.
• The level of documentation and compliance required — including source-of-funds tracing and extensive personal background information — will demand careful preparation and may present challenges, particularly for those holding assets in complex financial arrangements (e.g., overseas accounts, cryptocurrencies, corporate holdings).

We recommend that clients interested in this program consult with our experienced immigration counsel to assess whether the Gold Card represents an effective strategy, and ensure readiness to meet all filing, documentation, and compliance obligations as agencies finalize their regulatory and operational guidance.

 We will continue to monitor developments and provide further updates.