On September 19, 2025, the Trump administration issued an executive order directing the Secretary of Commerce, in coordination with the Secretary of State and the Secretary of Homeland Security, to establish an expedited process by which a foreign national could make an unrestricted “gift” of $1 million to qualify for an immigrant visa (green card). The required “donation” would increase to $2 million if made by a corporation on behalf of an individual.

The executive order attempting to launch the so-called “gold card” does not create a new employment-based (EB) immigrant visa category, nor does it replace existing categories. Rather, the payment would be considered as evidence of extraordinary ability in the EB-1 category, evidence of exceptional ability for the EB-2 category, or evidence of national interest for the EB-2 category. The promise of payment would not guarantee issuance of a green card under either the EB-1 or EB-2 categories. Moreover, the order requires compliance with the existing statutory quotas set forth in the Immigration and Nationality Act, as amended (INA). Applicants must still qualify under the existing categories and issuance of immigrant visas remains subject to the existing categories and per-country quotas in the INA.

To alter the existing qualifying criteria for an EB-1 or EB-2 green card, the government must publish rules for notice and public comment pursuant to Administrative Procedure Act. Along these lines, the executive order directs the agencies to take steps to implement the program within 90 days. Legal challenges are expected. Additional information will be provided when rules are published. For additional information, please contact your designated Van Der Hout representative.