A new draft application for the Trump Gold Card program has cleared federal review, moving this high-value immigrant visa option one step closer to implementation.

Introduction

U.S. Citizenship and Immigration Services (USCIS) has taken the first formal step toward implementing a new immigration option called the Gold Card program. To support the program, USCIS has developed Form I-140G, Immigrant Petition for the Gold Card Program, and obtained federal approval to collect information from applicants. This is an employment-based immigrant visa path that combines existing “extraordinary ability” and “exceptional ability” categories with a very substantial unrestricted gift to the United States.

Because the forms and instructions are still marked as draft, some details may change as USCIS finalizes implementation.

Basic Structure of the Gold Card Program

According to the draft instructions published by the Office of Management and Budget (OMB) for Form I-140G, the Gold Card program is built on top of existing employment-based immigrant categories:

• Who may apply?

An individual or a corporation (or similar entity) may file Form I-140G for a person seeking a Gold Card.

• Underlying immigrant visa classifications:

The petition must request one of two existing employment-based categories:

• EB-1: Alien of extraordinary ability under INA § 203(b)(1)(A); or
• EB-2 NIW: Alien of exceptional ability under INA § 203(b)(2)(B) seeking a National Interest Waiver (NIW) of the job-offer requirement.

In other words, the Gold Card option does not replace EB-1 or EB-2/NIW; it adds a separate track within those categories for individuals who can meet both the ability standard and the financial gift requirement.

Financial Requirements: Gift and Filing Fee

The Gold Card program is structured around a large, unrestricted gift to the U.S. government, in addition to a separate filing fee:

• Gift requirement for self-petitioners (individuals filing for themselves):
  • $1 million per person requesting a Gold Card, including the principal applicant and any spouse or children listed on the same petition.

• Gift requirement when a corporation files on behalf of an individual:
  • $2 million for the principal beneficiary, and
  • $1 million per person for any accompanying spouse or children also requesting Gold Cards.

• Form I-140G filing fee:
  • $15,000 per person, separate from the gift itself, and non-refundable regardless of the outcome.

The petitioner must show that they have sufficient funds to make the required gift and that all funds come from lawful sources.

What This Means for Potential Applicants

For most foreign nationals, the Gold Card program will not change existing immigration options. It is an additional, very specialized path for individuals who can both qualify under EB-1 or EB-2/NIW and are able to provide the very substantial financial gift and fees required by the program.

If you do not meet these standards, or if the required gift amounts are not realistic for you, your case will continue to be evaluated under the normal EB-1, EB-2, EB-3, family-based, or other visa categories—none of which are removed by this program.

For those who may be in the financial range to consider the Gold Card option, there are several key points to keep in mind:

• The program is new and still being finalized. The current Form I-140G and instructions are marked as draft, and OMB has approved the information collection for an initial six-month period under an emergency review.
• This is a major, non-refundable commitment. The gift is substantial and unrestricted, and the filing fee is non-refundable regardless of the decision.
• Existing options remain available. Traditional employment-based and family-based green card routes remain in place for those who do not pursue the Gold Card path.

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Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Reading any content on our website does not create an attorney-client relationship. For legal guidance tailored to your specific situation, consult a qualified immigration attorney.