Trump newly announced “Gold Card” Program has attracted worldwide attention for promising a fast-track to U.S. permanent residence — in exchange for a large “gift” to the U.S. Treasury. According to the official TrumpCard.gov website, individuals who make a $1 million personal contribution — or $2 million through a corporate sponsor — may qualify for U.S. lawful permanent residence.

However, despite the high-profile rollout, the program’s legal foundation and practical implementation remain uncertain.

 From $5 Million to $1 Million: How the Gold Card Was Created

• February 2025: President Trump first floated a “Gold Card” immigration concept at a campaign event and in follow-up interviews. At that time, reports indicated a $5 million contribution requirement, offering permanent residence, a potential fast-track to U.S. citizenship and potential tax exemptions on foreign-source income for holders.

• September 19, 2025: President Trump signed Executive Order 14351, published in the Federal Register, formally creating the "Gold Card" program.  The Executive Order directs the Secretaries of Commerce, State, and Homeland Security to implement it within 90 days, to set up application processes, adjudication, and adjustment of status.  Under the order, eligibility is tied to an unrestricted "gift" of $1 million per individual, or $2 million if made by or through a corporation, to the U.S. Department of Commerce.  The order also requires expedited adjudication consistent with law and national security.  

• September 22, 2025: The White House released an accompanying Fact Sheet, describing the initiative as a way to “strengthen America’s economy” and attract “elite global talent and investors. “

• Late September 2025: By late September 2025, the official TrumpCard.gov website went live, promoting the Gold Card as a government-administered program offering a pathway to U.S. permanent residence following background checks and security vetting. The site also highlights a “Platinum Card” option—a premium tier requiring a $5 million contribution—which advertises enhanced travel privileges, extended stays in the United States, and potential special tax considerations.   

• As of mid-October 2025, there is still no published regulation, no formal USCIS or State Department filing process, and no clarity on how the program fits into the framework of the Immigration and Nationality Act (INA).

Immigration Law Authority: Still Unclear

While the executive order provides broad direction, it does not create a new immigration category or override existing law. Under the Immigration and Nationality Act (INA), only Congress has the power to establish new visa classifications or create pathways to lawful permanent residence. In other words, a presidential executive order cannot independently create a Green Card category.  

The Gold Card program appears to rely entirely on executive discretion, without a defined legal foundation within the INA. Until Congress or the Department of Homeland Security (DHS) enacts implementing legislation, the program remains a policy proposal without binding legal effect.

This lack of legal grounding means that even if an application process opens, it could face court challenges, regulatory delays, or even suspension if found to conflict with existing immigration law.

Further complicating matters, the sharp reduction in the minimum contribution—from $5 million to $1 million—without any accompanying economic or legislative explanation has raised additional questions about the program’s consistency and long-term viability.

How It Differs from the EB-5 Investor Program

The EB-5 Immigrant Investor Program, enacted by Congress, allows foreign nationals to obtain permanent residence by investing in U.S. businesses that create at least 10 full-time jobs for American workers.

By contrast, the Gold Card Visa:

• Requires a non-refundable payment to the government rather than an investment in a business,

• Does not require job creation, and

• Lacks any defined mechanism for verifying economic benefit or protecting applicants if the program changes.

Because EB-5 is grounded in statutory law and supported by established regulations, it remains the only legally recognized investor-based route to permanent residence in the United States.

“Tax Benefits” — Proceed with Caution

The “Platinum Card” option concept has promised territorial tax treatment — meaning holders would only pay U.S. tax on U.S.-source income. However, under current law, all U.S. citizens and permanent residents are taxed on their worldwide income.

Creating a new tax classification would require Congressional approval to amend the Internal Revenue Code, which an executive order cannot do.

Anyone considering the “Platinum Card” should consult with a qualified international tax attorney to fully understand the financial implications and risks before taking any action.

What Potential Applicants Should Do

If you are interested in the Gold Card, Platinum Card or any investor-based immigration option:

• Stay alert for official updates from USCIS or the Department of State — no lawful application process exists yet.

• Avoid unofficial intermediaries — no private company or agent is authorized to collect funds or process applications.

• Consider proven alternatives, such as the EB-5 Immigrant Investor Program or E-2 Treaty Investor Visa, both of which have clear legal authority.

• Consult experienced immigration counsel before making any financial commitment.

• Coordinate with tax professionals for any cross-border financial planning.

The Bottom Line

The Gold Card Visa program is being promoted as an innovative path to U.S. residency, but for now, it remains a policy proposal rather than an established immigration program. The significant reduction in the required contribution—from $5 million to $1 million—has prompted questions about the program’s structure and long-term implementation. Until the Department of Homeland Security and the Department of State issue formal regulations and application procedures, the program cannot yet be considered operational.  

At the Law Offices of Sabrina Li, we help clients navigate complex investor and business immigration options backed by solid legal authority. If you are interested in U.S. residency through investment or entrepreneurship, our team can help you identify reliable, lawfully established pathways that protect your time and financial resources.