On December 10, 2025, United States Citizenship and Immigration Services (“USCIS”) released a Form I-140G, Immigrant Petition for the Gold Card Program (“Form I-140G”) and instructions for the new U.S. “Gold Card” immigration program. The program was (presumably) created by Executive Order of President Trump on September 19, 2025. The program does not have congressional action or approval. Presumably Form I-140G may be completed online after applicants register at trumpcard.gov and pay the required application fee. The Gold Card program is being introduced as falling under the Employment Based First and Second Preference visa categories (EB-1 and EB-2).
While the release of the Form I-140G provides some insight into how the program is intended to operate, the American Immigration Lawyers Association (“AILA”) has identified numerous ambiguities and structural concerns that raise questions about statutory consistency, procedural fairness, and practical implementation.
One significant issue involves the donation requirement for derivative family members. The Form I-140G and its instructions appear to require separate US$1 million contributions for each dependent family member, although this is not clear. This approach conflicts with the Immigration and Nationality Act (“INA”), specifically INA §203(d), which provides that qualifying dependents are entitled to the same immigration status as the principal applicant if accompanying or following to join. Requiring dependents to independently satisfy the same qualifying criteria as the principal applicant (paying an application fee and making a $1 million contribution) diverges from the statutory framework and from USCIS practice in EB-1 and EB-2 cases.
Form I-140G also requires applicants to select either the EB-1 or EB-2 category based on exceptional ability with a National Interest Waiver. However, neither Form I-140G nor its instructions explain how this selection should be made or whether it is driven by visa availability, substantive eligibility criteria, or both. It is unclear whether applicants must independently meet all statutory and regulatory requirements typically associated with EB-1 or EB-2 classifications, such as sustained national or international acclaim, advanced degrees, or specific exceptional ability criteria.
Filing procedures for the program remain opaque. The USCIS indicates that applicants must first register online at trumpcard.gov and pay a US$15,000 processing fee per applicant. Note that we have sample registered for various clients around Asia and find that the US$15,000 processing fee is priced differently depending on country of nationality. For a single applicant, Vietnamese applicants are required to pay double (US$30,000). Taiwanese applicants need only pay US$15,000. Filipino applicants must also pay double; US$30,000.
The process implies that registration and payment precede the filing of Form I-140G, but the mechanics of how receipt notices, online account access, and document uploads will be issued or managed are not explained. It appears that Form I-140G will be filed electronically, with supporting documentation related to source and path of funds uploaded thereafter.
Another area of concern is the timing of the required US$1 million donation. The structure of the program suggests that adjudication may occur before the donation is made, but this is not explicitly stated. Requiring applicants to make a non-refundable donation before adjudication would present extraordinary financial risk and could discourage participation.
The source-of-funds requirements are extensive. Applicants, and their spouses, must disclose all financial accounts, including cryptocurrency holdings, and provide full tracing of the path of funds. The form appears to require disclosure of all assets, regardless of whether they are directly connected to the donation. This raises concerns about whether USCIS intends to vet only the donated funds or to conduct a broader assessment of an applicant’s total net worth. The instructions also suggest that supporting documentation will be uploaded through the applicant’s myUSCIS account, though the extent of review and which USCIS components will conduct the vetting remain unclear.
The Corporate Gold Card component introduces additional uncertainties. Form I-140G appears to allow a foreign company to sponsor employees for a Gold Card without maintaining a U.S. presence. There is no clear indication of ownership requirements, including whether any portion of the company must be owned by U.S. persons or entities (an issue that has been added to the EB-5 immigrant investor is pursuant to the EB-5 Reform and Integrity Act of 2022.)
Relatedly, the Gold Card program materials suggest that corporate-sponsored permanent residence may be transferable. This concept implies that permanent residence could be abandoned by one employee and reassigned to another, an idea that is inconsistent with longstanding principles of U.S. immigration law, where lawful permanent residence is personal to the individual beneficiary.
For beneficiaries already in the United States, the instructions indicate that applicants must pursue consular processing after visa availability. This creates uncertainty for individuals who are maintaining lawful nonimmigrant status in the United States and would otherwise be eligible to adjust status under INA §245(a), particularly those already eligible under EB-1 or EB-2 classifications.
Processing procedures are also unclear. While the trumpcard.gov website suggests that vetting will begin immediately, the Form I-140G instructions indicate that applicants may be required to submit biometrics at an interview. The sequencing of vetting, biometrics, and interviews has not been clearly defined.
Because U.S. immigration law is enacted by Congress, it is likely that the Gold Card program by will not be upheld by a Court if there is any legal challenge to the Executive Order. These issues highlight significant legal, procedural, and practical uncertainties surrounding the Gold Card program. Until USCIS provides further clarification, practitioners and potential applicants face considerable risk and unanswered questions in evaluating participation in this unprecedented immigration initiative.
If you have questions about U.S. visas or immigration, contact us at info@enterlinepartners.com.
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Copyright 2025. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.
