President Donald Trump’s Gold Card immigration program is facing questions about its legal foundation, limited demand, and a $15,000 processing fee that applicants cannot recover.
Trump originally promoted the idea in February 2025 as a $5 million route to permanent U.S. residency and eventual citizenship. When the program officially opened in December 2025, the individual contribution had been reduced to $1 million, while companies could sponsor an employee for $2 million.
The administration says the program can attract wealthy and highly skilled immigrants while generating federal revenue. Critics argue that the executive branch is using existing employment-based visa categories in ways Congress never authorized.
The Gold Card now costs $1 million
Individual applicants must provide a $1 million contribution to the U.S. government after completing immigration and security reviews.
Companies can apply for a corporate Gold Card by contributing $2 million per sponsored employee. The program also requires a separate $15,000 Department of Homeland Security processing fee.
The contribution is not an investment that applicants can later recover. Unlike money placed into some EB-5 projects, it is transferred to the government as evidence that the applicant would provide a substantial national benefit.
The processing fee is nonrefundable
Applicants must pay the $15,000 processing charge before the government begins its expedited review.
The official Gold Card website describes the fee as nonrefundable. Paying for it does not guarantee approval, permanent residence, or the return of any money if an application is rejected.
That creates an immediate financial risk. An applicant could lose the fee because of inadmissibility, failed vetting, missing documents, or a court decision that changes the program before the case is completed.
The program relies on existing visas
Trump established the program through Executive Order 14351 in September 2025 rather than through a new law passed by Congress.
The administration created Form I-140G and directs successful applicants toward existing EB-1 or EB-2 employment-based immigrant visa categories. Those categories were designed for people with extraordinary ability, advanced degrees, exceptional ability, or work considered important to the national interest.
The executive order treats a large financial contribution as evidence that an applicant could provide a substantial benefit to the United States.
A lawsuit challenges Trump’s authority
A federal lawsuit filed in February 2026 argues that the administration cannot reshape EB-1 and EB-2 requirements without congressional approval.
The plaintiffs contend that Congress created specific qualifications, annual limits, and allocation procedures for those visas. They argue that prioritizing people who can contribute $1 million could delay applicants who qualify based on talent, education, or professional achievements.
The administration maintains that it is using discretion already available under existing immigration law. A court had not issued a final decision on the program’s legality by mid-2026.
Congress still controls visa limits
The Gold Card does not create an unlimited supply of immigrant visas.
EB-1 and EB-2 visas remain subject to annual employment-based limits and country-based allocation rules established by Congress. Applicants may still face waiting periods when demand exceeds the number of available visas.
This makes earlier claims that the government could quickly sell one million Gold Cards difficult to reconcile with the existing immigration system. The executive branch can process applications, but it cannot simply disregard statutory visa caps without new legislation.
The Gold Card differs from EB-5
The EB-5 immigrant investor program generally requires an investment of $800,000 in a qualifying targeted area or $1.05 million elsewhere.
That money must be placed at risk in a commercial enterprise expected to create at least 10 full-time jobs for qualifying U.S. workers. Congress reauthorized and revised the program in 2022.
The Gold Card, in contrast, requires a direct contribution to the federal government and has no comparable job-creation requirement. It may involve less project-related paperwork, but applicants permanently surrender much more money and face greater uncertainty about the program’s legal durability.
Early demand has been limited
The administration initially predicted strong interest and billions of dollars in possible revenue.
By April 2026, however, Commerce Secretary Howard Lutnick said only one applicant had been approved and paid the full $1 million contribution. Hundreds of others were at various stages of review.
Court records cited in later reporting showed 338 initial requests, 165 applicants who paid the nonrefundable fee, and 59 who advanced to additional Department of Homeland Security paperwork.
Those figures were far below the one million sales Trump originally suggested could produce trillions of dollars.
Applicants face financial and legal uncertainty
Wealthy immigrants already have other routes involving employment, family sponsorship, extraordinary ability, or EB-5 investment.
Some immigration attorneys have advised clients to avoid the Gold Card because Congress did not expressly create it, and a future administration could change or withdraw the executive policy. Applicants could also face U.S. tax consequences after becoming permanent residents.
The Gold Card may appeal to someone willing to pay for a potentially simpler process and who does not need to recover the contribution. For many families, however, the lower-cost and congressionally established EB-5 route may appear more predictable.
Until the courts resolve the challenge or Congress provides clearer authority, the program will continue to carry risks beyond its advertised price.
TL;DR
- Trump originally proposed a $5 million Gold Card, but launched the individual program at $1 million.
- Corporate sponsors must contribute $2 million for each employee.
- Applicants also pay a nonrefundable $15,000 processing fee.
- The money provided to the government is a contribution, not an investment that can be recovered.
- The program uses existing EB-1 and EB-2 visa categories created by Congress.
- A federal lawsuit argues that the executive branch lacks authority to change those categories through an executive order.
- Only one applicant had reportedly paid the full $1 million and received approval by April 2026.
