Overview

What is the Gold Card?

Open to applicants, with a lawsuit pending. USCIS has accepted Gold Card petitions since December 2025. A federal suit challenging the program (AAUP v. DHS, D.D.C., filed February 2026) is pending. At our last review in October 2026 we were not aware of any order halting the program. Confirm the current status before paying the gift or the filing fee.

The Gold Card was created by Executive Order 14351 on September 19, 2025. It is not a new visa category. A foreign national, or a company on their behalf, makes an unrestricted gift to the Department of Commerce, and the order directs USCIS and the State Department to treat that gift as evidence of eligibility for an existing employment-based green card: EB-1 extraordinary ability, or EB-2 with a national interest waiver. The official program site handles the payment side.

The petition is Form I-140G. Under the USCIS filing instructions, the gift is $1 million for each person requesting a Gold Card when the individual files. When a company files, it is $2 million for the principal and $1 million for each spouse or child who also wants one. USCIS adds a non-refundable $15,000 filing fee per person, and the petition has to show the gift money exists and was obtained lawfully. Commerce deposits the gifts in a separate Treasury fund used to promote commerce and American industry.

Because the Gold Card runs through EB-1 and EB-2, those categories' annual limits, per-country caps and Visa Bulletin dates still apply; the executive order keeps the statutory visa limits in place. For applicants born in India or China, where both categories are backlogged, an approved petition can still mean years of waiting for a visa number. Our green card wait times by country page shows the current queue.

How it works

Four steps from gift to green card.

The gift replaces the usual evidence of extraordinary ability or national interest, but the rest of the immigrant visa process stays the same.

01

The gift

An unrestricted gift to the Department of Commerce: $1 million per person when the individual files, or $2 million for the principal plus $1 million per family member when a company files. It is not an investment and earns no return.

02

The petition

Form I-140G, filed online with a $15,000 fee per person. The petitioner chooses EB-1 extraordinary ability or EB-2 with a national interest waiver; NIW filers also submit an uncertified Form ETA-9089. USCIS can request more evidence or an interview.

03

The visa queue

After approval, the applicant waits for a visa number in the chosen category under the Visa Bulletin. EB-1 and EB-2 can have different waits, so the choice of classification matters, especially for applicants born in India or China.

04

The immigrant visa

The instructions direct applicants to consular processing at a US embassy or consulate, then admission as a lawful permanent resident. EB-1 and EB-2 green cards are not conditional, so there is no EB-5-style two-year period or I-829 filing.

Gold Card vs EB-5

Choosing between the two pathways.

Both programs turn capital into permanent residence. The right choice depends on whether you want the money back, how long you can wait, and how much legal uncertainty you will accept.

Gold CardEB-5 (TEA Regional Center)
Capital required$1M gift (individual) or $2M (company), plus $15,000 USCIS fee per person$800,000 at-risk investment
Capital recoveryNone; unrestricted gift to CommercePotential return of principal at project maturity
Job creationNot required10 full-time US positions required
Green card categoryEB-1 or EB-2 NIWEB-5
Visa backlogEB-1/EB-2 limits and per-country caps applyEB-5 limits apply; set-aside categories help backlogged countries
Conditions on green cardNone (EB-1/EB-2 are not conditional)2-year conditional period + I-829 required
Source of fundsMust show the gift funds were lawfully obtainedComprehensive tracing of all invested capital
Track recordNew since December 2025; little public processing data; lawsuit pendingEstablished; I-526E currently takes roughly 35 months
How we can help

Advisory services for Gold Card applicants.

The gift is large and unrecoverable, so the useful work happens before any money moves: choosing between EB-1 and NIW classification for the shortest visa wait, documenting the lawful source of the gift funds, screening for admissibility and background issues, structuring company-sponsored petitions, and preparing for the consular stage. We also compare the Gold Card against EB-5 and merit-based EB-1A or NIW filings, which can reach the same green card without the gift.

Fees are scoped individually based on your situation: whether you or a company is filing, the family members included, source-of-funds complexity, and any admissibility questions. Contact us and we will outline what an engagement involves.

FAQ

Common questions.

Yes. USCIS began accepting Form I-140G, the Gold Card petition, in December 2025, and the Department of Commerce runs the program's payment portal. A federal lawsuit challenging the program (AAUP v. DHS, filed in the District of Columbia in February 2026) is pending. At our last review in October 2026 we were not aware of any court order halting the program, but the status can change, so confirm it before paying the gift or the filing fee.
When an individual files, the gift to the Department of Commerce is $1 million for each person requesting a Gold Card, including a spouse and children. When a company files on someone's behalf, the gift is $2 million for the principal and $1 million for each spouse or child also requesting one. USCIS also charges a non-refundable $15,000 filing fee per person for Form I-140G, and biometrics and State Department visa fees can apply on top.
No. Executive Order 14351 tells USCIS and the State Department to treat the gift as evidence of eligibility for existing employment-based categories: EB-1 extraordinary ability, or EB-2 with a national interest waiver. The petition asks for one of those two classifications, so their annual visa limits, per-country caps and Visa Bulletin dates all still apply. For applicants born in India or China, where EB-1 and EB-2 are backlogged, that can mean years between approval and a visa.
EB-5 requires an at-risk investment (currently $800,000 in a targeted employment area) that must create ten US jobs, with a two-year conditional green card and an I-829 petition to remove conditions. The Gold Card is an unrestricted gift with no investment return and no job creation, and because it runs through EB-1 or EB-2 the green card is not conditional. EB-5 can return capital and has an established legal framework; the Gold Card costs more, cannot be recovered, and is new and under legal challenge.
The $15,000 USCIS filing fee is not refundable, whatever the outcome. The published Form I-140G instructions do not set out refund terms for the gift itself. Get the program's payment terms in writing from the Commerce portal and review them with counsel before any money moves, and clear admissibility, source-of-funds and background issues first.
The executive order directs the agencies to create a process for a company-sponsored Gold Card holder to give up the status so the company's original gift can be used for a different person, who is then screened like any new applicant. It also anticipates maintenance and transfer fees for corporate sponsors. Check the program's current corporate terms before relying on transferability.
Yes, on the same terms as any lawful permanent resident: generally five years of continuous residence (three if married to a US citizen), physical presence, good moral character, and the English and civics tests. The Gold Card does not shorten the naturalization timeline.