The Gold Card
The Gold Card is an executive order that creates a new visa program, overseen by the Secretary of Commerce, to expedite immigrant visas for foreign nationals who make a substantial unrestricted financial gift to the United States. An individual donor would need to contribute $1 million (or $2 million if a corporation or similar entity donates on behalf of someone). The gifts would be deposited into a separate Treasury fund and used to promote commerce and American industry. The gifts would be treated as evidence of eligibility for existing immigration pathways (such as exceptional business ability and national-interest waivers) and would be accompanied by an expedited adjudication process for visa issuance and status adjustment. The order directs three federal departments to implement the program within 90 days and allows for related fees and potential future expansion. It also includes severability and general provisions clarifying that the order does not create enforceable rights and that government budgets remain subject to applicable law.
Key Points
- 1Establishment of the Gold Card program: An alien who makes an unrestricted gift of $1 million (individual) or $2 million (corporate/entity gift on behalf of an individual) can qualify for an immigrant visa via an expedited process, with the Secretary of Commerce coordinating with the Secretary of State and the Secretary of Homeland Security.
- 2Gift as evidence of eligibility: The gift is to be treated as evidence of eligibility for immigration categories such as exceptional business ability, national benefit, and national-interest waivers under existing U.S. immigration law.
- 3Use of gift funds: Gifts are to be deposited into a separate fund in the U.S. Treasury and used to promote commerce and American industry, consistent with the Department of Commerce’s authorities.
- 4Implementation and administration: Within 90 days, the relevant departments must establish an application and expedited adjudication process, set submission dates for gifts, create transfer/abandonment provisions for Gold Card holders sponsored by corporations, and establish associated administrative, maintenance, and transfer fees.
- 5Flexibility and safeguards: The order contemplates potential expansion to additional categories under 8 U.S.C. 1153(b) and includes severability, general provisions about not altering other laws or budget processes, and a note that the order does not create legal rights enforceable in court.