On September 19, 2025, following his February 25, 2025 remarks previewing a residency pathway for high-net-worth individuals, President Donald Trump issued an Executive Order directing the Departments of Commerce, State, and Homeland Security to establish a new immigrant visa program within 90 days. The initiative, now known as the “Trump Gold Card” program, will allow foreign nationals to obtain lawful permanent resident status in the United States based on a significant financial contribution: at least US $1 million by an individual applicant, or US $2 million when paid by a corporation on behalf of an individual.
The contribution is characterized by the government as a “gift” to the Department of Commerce, which will deposit the funds into the US Treasury and apply them toward the promotion of commerce and American industry. Interested parties may submit preliminary information via the program’s online portal. The government suggests up to 80,000 Gold Cards could be issued, and that recipients will be granted lawful permanent residence once vetting, payment and other screening requirements are satisfied. Commerce Secretary Howard Lutnick has publicly stated that holders of the Gold Card will be subject to the same tax obligations as other permanent residents and US citizens, including worldwide income taxation.
What has drawn particular concern in the immigration bar is the suggestion that this new program may serve as a substitute for existing employment-based categories, including the EB-1 and EB-2 classifications that historically supported individuals of extraordinary ability and those with advanced degrees or exceptional ability in business, science, the arts and athletics. Secretary Lutnick reportedly stated that within a month “the other visa green card categories are likely to be suspended, and this will be the model that people can come into the country.” That comment signals a significant philosophical shift. Rather than evaluating an applicant’s unique contributions, expertise or potential national benefit, the Gold Card approach appears to elevate financial capacity as the primary measure of who may earn the opportunity to reside permanently in the United States.
At first glance, encouraging foreign investment might seem positive. The United States has certainly benefited from global capital and entrepreneurship. Yet the Gold Card concept departs from a foundational principle of US immigration policy, which has long linked lawful permanent residence to merit, family unity, job creation or humanitarian protection rather than sheer financial capacity. Even the EB-5 investor program, which directly involves capital investment, requires the creation or preservation of at least ten full-time US jobs. The Gold Card, by contrast, allows permanent residence based primarily on the ability to contribute funds to the government itself. When green card eligibility turns on financial capacity alone, permanent residence begins to resemble a purchasable asset rather than a legal status earned through documented contribution or compelling purpose. That perception risks undermining public confidence in the integrity and fairness of the system at a time when institutional trust is already fragile.
Legal concerns intensify these policy questions. Under the Immigration and Nationality Act, the authority to create or eliminate immigrant visa categories rests with Congress. Executive direction cannot replace statutory classifications and attempts to do so would almost certainly be challenged. Analysts have already noted that creating a new immigrant category conferring permanent residence through executive order raises significant questions of legality and administrative stability. If longstanding categories are paused or deprioritized without statutory authority, applicants, employers, research institutions and universities could face unpredictable and prolonged disruption.
Fairness and public perception also matter. For decades, the United States has attracted individuals who advance science and technology, build businesses, strengthen national security and enrich our culture. Shifting away from a model rooted in skill and contribution toward one centered on wealth risks sending a message that innovation, talent and service matter less than the capacity to pay. That shift could influence where global talent chooses to build careers and futures. Once a talent ecosystem changes direction, it is not easily reversed.
The Gold Card program remains in its early implementation phase, and the government has not yet released comprehensive guidance on vetting, processing or how this initiative will interact with existing visa categories. In this period of uncertainty, individuals preparing for employment-based filings and employers who rely on global talent should approach strategy with care and continue to monitor developments. What is clear even at this stage is that the Gold Card approach represents a meaningful philosophical shift away from the traditional pillars of US immigration: merit, contribution and national interest. If permanent residence begins to hinge primarily on wealth rather than achievement, service or humanitarian considerations, the United States risks altering both the character and the perceived fairness of its immigration system. That is not a small change. It is a reorientation of values, and one that deserves careful scrutiny, thoughtful debate and appropriate checks, including congressional involvement when fundamental pathways are reshaped.