On September 19, 2025, President Trump signed an executive order launching the “Gold Card” – a new visa pathway framed as a fast-track option for permanent residence in the United States. While highly publicized, the program is already raising questions about legality, implementation, and its impact on existing immigration categories.
What Is the Gold Card?
The Gold Card allows non-U.S. citizens to obtain lawful permanent residence (a green card) if they contribute at least $1 million to the Department of Commerce. Corporations can also sponsor applicants by contributing $2 million. Recipients will undergo vetting by the State Department and DHS, along with a $15,000 vetting fee.
According to Commerce Secretary Howard Lutnick, 80,000 Gold Cards will be issued annually, effectively replacing the EB-1A and EB-2 NIW categories. However, experts note that ending or replacing statutory visa categories, such as EB-1 and EB-2, would require an act of Congress, not just an executive order.
Platinum Card Proposal
The administration is also considering a “Platinum Card” for a $5 million contribution. Unlike the Gold Card, it would not provide a path to citizenship but would allow up to 270 days of U.S. residence without taxation on foreign income. This proposal still requires congressional approval.
Connection to H-1B Visas
The same executive order also imposes a new $100,000 fee for each H-1B petition. This could dramatically reshape the tech and healthcare sectors, which rely heavily on H-1B workers. While the administration claims this will protect American jobs, employers warn it could hinder access to essential talent.
Legal and Practical Uncertainty
Immigration attorneys and analysts are skeptical about the implementation of the Gold Card. U.S. immigration categories are set by law, and simply replacing EB-1A or EB-2 NIW through executive action could face immediate legal challenges. Lawsuits are expected if the program creates retrogression or blocks access to established visa routes.
What Should Applicants Do Now?
For professionals eligible under O-1A, EB-1A, or EB-2 NIW, the safest course is to file as soon as possible. Even if the Gold Card moves forward, there is no guarantee of how or when it will be enforced, and traditional categories remain the legally established pathways. At the same time, companies are expected to shift heavily toward O-1A visas as H-1 B visas become unaffordable. The USCIS could soon be overwhelmed with O-1A and EB-1A petitions, potentially leading to increased delays and unfair denials. Filing early can help applicants avoid possible retrogression or loss of access.
If you’re considering your options, now is the time to act. Book a consultation to evaluate whether the O-1A visa, EB-1A green card, or EB-2 NIW green card is right for you.