HERMAN LEGAL GROUP · INVESTOR IMMIGRATION
Trump Gold Card Lawyer: Form I-140G Costs, Risks and Alternatives
Get an independent assessment before you pay $15,000 in nonrefundable fees and commit to a $1 million gift.
Herman Legal Group advises high-net-worth individuals, families and companies on whether the Gold Card makes sense for them, how it compares with EB-5 and other green card routes, and how to document the source of their funds. Our investor practice is led by Richard T. Herman and Ruijie “Jessica” Zhang, who also advises clients in Chinese.
What is the Trump Gold Card? The Gold Card is a program created by Executive Order 14351 (September 19, 2025) that treats an unrestricted gift to the U.S. Department of Commerce as evidence for an EB-1 or EB-2 green card. Applicants file Form I-140G with a nonrefundable $15,000 fee per person. After USCIS approves the petition, each applicant makes a $1 million gift, or $2 million for an employee sponsored by a company. The program was created without new legislation, is being challenged in federal court, and still depends on the same limited EB-1 and EB-2 visa numbers as everyone else.
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How the Gold Card works
- File Form I-140G. Each person applying for a Gold Card, including a spouse or child who wants one, files with a $15,000 processing fee. The fee is not refunded if the petition is denied.
- Vetting. DHS reviews the applicant’s background, security record and the lawful source of the funds.
- Approval, then the gift. USCIS guidance says the gift is paid after the petition is approved: $1 million per person, or $2 million for a company-sponsored employee plus $1 million for each family member.
- Classification. The petition is approved as either EB-1 (extraordinary ability) or EB-2 with a National Interest Waiver. How far USCIS will apply those categories’ usual standards is not published.
- Visa number and immigrant visa. The applicant then waits for an EB-1 or EB-2 visa number and completes immigrant visa processing, most often at a U.S. consulate. Nationals of backlogged countries such as India and China face the same waits as other EB-1 and EB-2 applicants.
Sources: Executive Order 14351; USCIS Form I-140G; Immigration Policy Tracking Project.
Risks to weigh before you apply
- Legal challenge. American Association of University Professors v. DHS, filed February 3, 2026 in federal court in Washington, D.C., argues that the program is an unlawful pay-to-play scheme that Congress never authorized. The United Auto Workers joined the case in May 2026. A court ruling could change or stop the program.
- Few approvals. Figures reported in spring 2026 showed 338 applications, 59 petitions moved forward and roughly one approval.
- The money is a gift, not an investment. Unlike EB-5 capital, the gift is not returned and earns nothing.
- Family cost. Because the gift applies per person, a family of four could face $4 million in gifts plus $60,000 in fees.
- No faster line. The Gold Card uses the same EB-1 and EB-2 visa numbers, so per-country backlogs still apply.
- Unpublished standards. USCIS has not published detailed adjudication criteria, and the program could change with a future administration.
A proposed $5 million “Platinum Card” has been discussed publicly but is not part of the current program.
Gold Card vs. EB-5
| Issue | Trump Gold Card | EB-5 |
|---|---|---|
| Legal basis | Executive order; under court challenge | Statute passed by Congress (INA § 203(b)(5)) |
| Money required | $1 million gift per person ($2 million corporate), plus $15,000 fee per person | $1,050,000, or $800,000 in a targeted area, covering the investor, spouse and children under 21 |
| Money returned? | No; it is a gift | Capital is at risk but may be repaid |
| Job creation | Not required | 10 full-time jobs per investor |
| Green card | EB-1 or EB-2 | Two-year conditional, then permanent |
| Visa backlogs | EB-1 and EB-2 per-country limits | EB-5 limits, with reserved rural, high-unemployment and infrastructure visas |
For many families, especially from India and China, EB-5 costs less, rests on firmer legal ground and may move faster through reserved visa categories. Founders and executives may also qualify for EB-1A or EB-2 NIW on their merits without any gift. Compare every option on our Investor Immigration page.
Get a second opinion before you pay. We review whether the Gold Card, EB-5 or a merit-based green card fits your family, citizenship and timeline. Consultations are $200.
Trump Gold Card questions
Is the Trump Gold Card a real green card?
The Gold Card is not a separate visa created by Congress. It is a program that uses a $1 million gift as evidence for an existing EB-1 or EB-2 green card petition filed on Form I-140G. If approved and a visa number is available, the result is a standard green card.
How much does the Gold Card cost for a family?
Each person pays a nonrefundable $15,000 processing fee, and the $1 million gift applies per person, including a spouse or child who wants a Gold Card. A company-sponsored employee requires a $2 million gift plus $1 million for each family member.
Is the Gold Card faster than EB-5?
Not necessarily. Gold Card applicants still need an EB-1 or EB-2 visa number, and nationals of backlogged countries face the same waits. EB-5 investors in rural, high-unemployment or infrastructure projects can use reserved visas.
What happens if a court strikes down the Gold Card?
No one knows yet. The program has no published refund rule, and a ruling could affect pending and approved cases. Anyone considering it should get legal advice about timing before paying.
Can Chinese or Indian nationals use the Gold Card to skip the backlog?
No. Gold Card petitions use the same EB-1 and EB-2 visa numbers, so per-country limits and Visa Bulletin backlogs still apply.
More Gold Card analysis from Richard Herman
Talk with Richard Herman and Jessica Zhang about the Gold Card
Herman Legal Group has advised immigrants, investors and employers since 1995 from its Cleveland headquarters and represents clients nationwide and abroad.
Last updated September 29, 2026. This page is general information, not legal, tax or investment advice. The Gold Card program is new, is being litigated and may change; we confirm the rules in force before anyone files. Contacting Herman Legal Group does not create an attorney-client relationship.