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United States Gold Card Program (Trump Gold Card)

The Gold Card rests only on a September 2025 executive order: Congress has passed no law and no regulation has been published (as at 7 October 2026), and a lawsuit is pending. It uses existing EB-1 or EB-2 green cards. The gift is $1 million per person ($2 million if a company sponsors you), plus a $15,000 filing fee each.

Law as at 7 October 2026. See our change log.  ·  Last reviewed 7 Oct 2026  ·  Next review due 21 Oct 2026See our EB-5 immigrant investor guide.

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Executive order only · lawsuit pendingExecutive order only: no law or regulation, and a lawsuit is pending. USCIS takes petitions online on Form I-140G and has not published a start date.

01

What is the Gold Card legally?

Executive Order 14351 was signed on 19 September 2025. It lets a person who makes an unrestricted gift to Commerce under 15 U.S.C. 1522, or whose company makes one, establish eligibility for an immigrant visa through an expedited process "to the extent consistent with law" (sec. 2(a)). State and DHS must treat the gift as evidence for EB-1 extraordinary ability, EB-2 exceptional business ability and a national interest waiver (sec. 2(b)).

The order did not change the statute: EB-1 still requires extraordinary ability "demonstrated by sustained national or international acclaim" (INA 203(b)(1)(A)(i)). In our view, the gift is evidence under the existing tests, not a replacement for them.

02

How do you apply for the Gold Card on Form I-140G?

USCIS created Form I-140G, filed online only after registration on trumpcard.gov. The petitioner chooses EB-1 extraordinary ability or EB-2 with a national interest waiver, and must show lawfully obtained funds for the gift (I-140G instructions, p. 1). We found no Federal Register rule, only the order and two notices on the form (91 FR 11559; 91 FR 32074).

03

How much does it cost, and who pays for family members?

ItemIndividual petitionerCompany-sponsored
Gift for the principal$1,000,000$2,000,000
Gift for each accompanying spouse or child$1,000,000$1,000,000
Filing fee, Form I-140G$15,000 per person$15,000 per person
Ongoing corporate feesNone stated1% a year and 5% on transfer, per trumpcard.gov; no order or rule sets these amounts (EO 14351 sec. 3(e) only directs that such fees be set)

Sources: EO 14351 sec. 2(a); instructions, pp. 1, 3; trumpcard.gov (corporate fee amounts, site text only).

The gift is paid after vetting, and State Department visa fees are extra (trumpcard.gov).

What it means for your file. A couple with two children on an individual petition faces $4 million in gifts and $60,000 in fees if all four request a Gold Card. By statute, a spouse or child normally takes the principal's status without qualifying separately (INA 203(d)). In our view, the per-person gift is a program condition rather than a statutory one.

04

Is the Gold Card in force, and is it being challenged?

It is operating. USCIS takes petitions online on Form I-140G and has not published a start date. It had 59 petitions filed by late April 2026 (Selby declaration, AAUP v. DHS (D.D.C.), ECF 29-3, ¶¶3 and 8).

The challenge, AAUP v. DHS (D.D.C. No. 1:26-cv-00300), was filed on 3 February 2026 (amended 18 May 2026). It argues that treating a payment as evidence for EB-1 and EB-2 conflicts with the statute (Complaint ¶¶1–2). The government's motion to dismiss for lack of jurisdiction (standing) (ECF 34) was fully briefed on 1 September 2026. As at 7 October 2026, the docket shows no ruling on the motion to dismiss.

Status and key dates (as at 7 Oct 2026)
EO 14351 signed 19 Sep 2025 (90 FR 46031, 24 Sep 2025)
Form I-140G: petitions are filed with USCIS online. USCIS has not published a start date.
No Federal Register rule (two information-collection notices only, 91 FR 11559 and 91 FR 32074)
AAUP v. DHS filed 3 Feb 2026
Motion to dismiss fully briefed 1 Sep 2026; no ruling on the docket as at 7 Oct 2026

05

How long is the wait for a visa number?

The Gold Card adds no visas: EB-1 and EB-2 each receive 28.6% of the employment-based worldwide level, plus numbers unused in other categories (INA 203(b)(1) and (2)(A)). Subject to limited exceptions, no country may take more than 7% of the family and employment visas in a year (INA 202(a)(2)). The order is subject to those limits (sec. 3).

USCIS says the wait may differ between EB-1 and EB-2, per the State Department Visa Bulletin (instructions, p. 1). Once a number is available, you complete consular processing abroad (p. 1).

06

How does the Gold Card differ from EB-5?

ItemGold CardEB-5
Legal basisExecutive order, using EB-1 or EB-2Statute, INA 203(b)(5)
MoneyUnrestricted gift to CommerceInvestment held at risk in a US business
JobsNone required10 full-time jobs per investor
Family$1 million gift and $15,000 fee for each family member requesting a Gold CardSpouse and children included as derivatives

In our view, the gift carries no expectation of return. EO 14351 sec. 3(f) directs agencies to consider expanding the Gold Card program to EB-5 applicants. As at 7 October 2026, we found nothing published under it. See EB-5 vs Gold Card comparison.

07

What about tax, and the "Platinum Card"?

A Gold Card holder is a green-card holder, so US tax residence follows (26 USC 7701(b)(1)(A)(i)). For reporting and estate tax, see our EB-5 tax section.

The official site also lists a "Trump Platinum Card" waitlist: a $5 million contribution for up to 270 days a year in the US without tax on non-US income. We found no order, rule or statute creating it as at 7 October 2026. In our view, that would need legislation, because such a stay can meet the substantial presence test in 26 USC 7701(b)(3).

08

FAQ

Is the money refunded if my petition is refused?
The $15,000 fee is not refunded, whatever the outcome (instructions, p. 1). The gift is requested only after vetting (trumpcard.gov). None of EO 14351, the I-140G instructions, the USCIS form page or trumpcard.gov (checked 7 October 2026) says whether a gift is returned if a visa is later refused.
Can my company move the card to another employee?
The official site says a sponsor can switch employees without a new $2 million gift. The official site, not the order or any rule, sets the transfer fee at 5%. The order directed such a transfer process (sec. 3(c)).

General information on US immigration and tax law as at 7 October 2026, not advice on your circumstances.

09

Primary sources

  1. 1Executive Order 14351, The Gold Card, 90 FR 46031 (24 September 2025)↗
  2. 2Executive Order 14351, official PDF, govinfo↗
  3. 3Federal Register search, "gold card", documents since 1 September 2025 (3 results, checked 7 October 2026)↗
  4. 4USCIS, Form I-140G, Immigrant Petition for the Gold Card Program↗
  5. 5USCIS, Instructions for Form I-140G (edition 11/19/25)↗
  6. 6USCIS, Form I-140G information collection, 60-day notice, 91 FR 11559 (10 March 2026)↗
  7. 7USCIS, Form I-140G information collection, 30-day notice, 91 FR 32074 (29 May 2026)↗
  8. 8Trump Gold Card official site (Department of Commerce)↗
  9. 98 U.S.C. §1153 (INA 203), govinfo↗
  10. 108 U.S.C. §1152 (INA 202), govinfo↗
  11. 1126 U.S.C. §7701, govinfo↗
  12. 12AAUP v. DHS, No. 1:26-cv-00300-RJL (D.D.C.), docket (checked 7 October 2026)
  13. 13AAUP v. DHS, Complaint, ECF 1 (3 February 2026)
  14. 14AAUP v. DHS, Declaration of Cara M. Selby, ECF 29-3 (28 April 2026)
  15. 15AAUP v. DHS, Motion to dismiss, ECF 34 (25 June 2026)

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