Trump’s New Gold Card – A Game Changer or Just a Pricey Green Card?

“Hello everyone, welcome back to the channel! I’m Kara Lavy, an immigration attorney, here to break down Trump’s latest immigration initiative—the Gold Card. Is this a bold new opportunity for investors, or just a high-priced version of the EB-5 Visa? And more importantly, is this even legal? Let’s dive in!”

What Is the Gold Card?

“President Trump, alongside Commerce Secretary Howard Lutnick, has just unveiled the ‘Gold Card’—a new visa program that would allow wealthy foreign nationals to gain permanent residency in the U.S. for a $5 million investment.

Now, let’s clarify something right away: What does ‘pathway to citizenship’ mean?

A Gold Card isn’t literal—it’s not just a fancy visa card. This program will actually provide lawful permanent residence, also known as a green card. And once you hold a green card for five years, you can apply for U.S. citizenship through naturalization, just like any other lawful permanent resident. So while it’s marketed as a Gold Card, it’s essentially selling access to a green card.”

How the Gold Card Compares to the EB-5

“Let’s compare these two investor visa programs side by side.

Similarities:

• Both require a significant financial investment.
• Both provide a path to U.S. permanent residency, leading to eventual citizenship.
• Both require applicants to be ‘vetted’—but what does that mean?

When we talk about ‘vetting,’ we mean that applicants must be admissible to the U.S. under immigration law. Grounds of inadmissibility include:

• Criminal history – Certain offenses, such as drug crimes or fraud, can disqualify an applicant.
• National security concerns – Individuals linked to terrorism or espionage are inadmissible.
• Immigration violations – Previous visa overstays, illegal entries, or misrepresentation on applications can be a red flag.

So, just because you have the money, doesn’t mean you automatically get approved. The government will still scrutinize your background.”

Key Differences Between Gold Card & EB-5

“Now, let’s talk about what sets the Gold Card apart from the EB-5 visa.

Investment Amount:

• The EB-5 required as little as $800,000 in a rural or high-unemployment area.
• The Gold Card requires $5 million across the board—no discounts.

Who Owns the Investment?

• One of the key requirements of the EB-5 program is that the capital invested must belong to the investor. In other words, these must be personal funds.
• Under EB-5, business funds don’t count—because businesses and their owners are legally separate entities.

Gold Card’s Major Change – Employer Sponsorship?

• Under Trump’s Gold Card, there’s a major shift—companies may be able to petition for applicants, making it more like an employment-based visa rather than a purely investor-driven visa.
• This is especially relevant for international students, since Trump suggested companies like Apple could sponsor top graduates for Gold Cards.

This change could make the Gold Card more accessible to foreign graduates of U.S. universities, but it also raises questions:

• Who would own the investment? The individual or the employer?
• Would this visa still require job creation like the EB-5?
• Could this create a new loophole for corporations to buy green cards for employees?

Right now, we don’t have all the answers, because the specifics haven’t been laid out yet.

This brings us to the big question: Can Trump bypass Congress to replace the EB-5 with the Gold Card?

The short answer? Not so fast.

Congress controls U.S. visa programs under the Immigration and Nationality Act (INA). The EB-5 program was created by Congress in 1990 and reauthorized through 2027. That means it cannot simply be replaced by executive order.

Trump argues that since this is a residency program—not citizenship—it doesn’t require Congressional approval. But we’ve seen this argument fail before. His birthright citizenship executive order was immediately challenged in court, and this will likely face the same fate.

If he tries to implement the Gold Card through executive action alone, expect immediate lawsuits challenging his authority.”

Predictions – Will the Gold Card Succeed?

“So, what’s my prediction?

If the Gold Card is structured like the EB-5, it will likely attract wealthy investors looking for a straightforward path to U.S. residency.

However, without Congressional approval, this program will face serious legal challenges.  And with a $5 million price tag, will enough investors even be interested?

And let’s not forget about international students—if this visa allows companies to sponsor graduates for Gold Cards, that could fundamentally change how employment-based immigration works.

There are still a lot of unanswered questions, but one thing is for sure—this is a major shake-up in U.S. immigration policy!”

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