On the same day that the controversial H1-B executive order was signed, the government signed another executive order to create a new visa category called the Gold Card. This program allows people to get a green card and citizenship if they provide a very large financial gift to the U.S. government. The amount of the gift is a minimum amount of $1,000,000. The Gold Card was raised by the President before but the amount suggested in the past was $5,000,000. The United States has long tied immigration to family, employment, or humanitarian need. The suggested Gold Card is the first time that a simple donation alone can open the door to a green card and citizenship. Keep in mind that the EB-5 program is also an investment program but is grounded in the creation of jobs in the U.S. Each person that gets a green card must be responsible for the creation of 10 U.S. jobs.
In terms of the specifics of the executive order, an individual could qualify if he/she contributed $1 million to the Department of Commerce. A corporation or other sponsor can make a $2 million contribution on behalf of someone. Once the gift is made, the individual is placed on an expedited path to a green card. Once someone has a green card for 5 years, they are eligible for citizenship.
There will almost certainly be legal challenges to this order as the Constitution mandates that immigration categories are created by Congress and not the White House. By inventing a new visa through executive action, the administration is stepping into Congress’s role and rewriting the law on its own. Courts may step in and block the program, but until they do, the uncertainty will remain.
The order itself is vague, offering almost no detail on how the Gold Card would be processed or implemented. Also even if more details were provided, the legal problems are so fundamental that this category is unlikely to survive.
We will continue to monitor the developments in this area and keep you posted.
