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Gold Card vs. EB-5: Choosing Between $800,000 Legal Option and $5 Million Fast Track to U.S. Residency

Trump’s Gold Card: A New Chapter in Investment-Based Immigration

Former U.S. President Donald Trump has recently launched an investment-based immigration initiative known as the Gold Card, sparking lively discussions among immigration attorneys, investors, and critics of the existing EB-5 visa program. As an endeavor aimed at attracting high-net-worth individuals seeking U.S. residency, the Gold Card differs markedly from the EB-5 program in both structure and implications.

What is the Gold Card?

The Gold Card, also dubbed the Trump Card, proposes a fast-track avenue to U.S. residency and potential citizenship for foreigners willing to make a direct contribution of $5 million to the U.S. government. Announced on Trump’s social media platform, Truth Social, the initiative is now available for interested applicants through a waitlist on trumpcard.gov.

In his announcement, Trump described the Gold Card as “somewhat like a Green Card, but at a higher level of sophistication,” touting a “beautiful road” to access in the U.S. However, it’s crucial to note that the Gold Card does not guarantee citizenship directly, and specifics about how the pathway to permanent residency will function remain somewhat murky.

Key Differences: Gold Card vs. EB-5 Visa

To understand the implications of the Gold Card, comparing it to the existing EB-5 visa program is essential. The two programs share a target audience but diverge in fundamental ways.

Feature EB-5 Visa Gold Card (Trump Card)
Investment Type Investment in a U.S. business Direct $5 million payment to the U.S. government
Minimum Cost $1.05 million (or $800,000 in Targeted Employment Areas) $5 million flat fee
Job Creation Mandatory creation of 10 full-time U.S. jobs No job creation requirement
Residency Path Path to Green Card, then citizenship Aims to fast-track residency and citizenship
Annual Cap Capped at 18,786 visas per year No limit (targeted at ultra-high-net-worth individuals)

While the Gold Card proposes a streamlined route to U.S. residency, the financial requirement of $5 million positions it as one of the most expensive investment-based visas globally—almost five times the cost of the EB-5.

Critiques and Concerns

The Gold Card has attracted a fair share of skepticism from various quarters. Immigration attorney Alay Razvi pointed out an ethical consideration, saying, “It can be perceived as selling U.S. citizenship to the highest bidder.” This sentiment raises questions about the integrity and values of the immigration process.

Moreover, some experts argue that U.S. companies might be reluctant to sponsor employees through such an expensive option, limiting its practical utility. Immigration lawyer Rajiv Khanna echoed these concerns, noting uncertainty about the financial capacity of potential participants in this program.

Another significant issue is that the Gold Card does not guarantee any outcomes. Trump himself has acknowledged that the program does not require congressional approval because it doesn’t directly confer citizenship but offers “access.”

The Future: Can the Gold Card Replace EB-5?

Commerce Secretary Howard Lutnick has suggested that the Gold Card could eventually replace the EB-5 visa program. However, many immigration experts disagree. An immigration attorney pointed out, “Trump cannot unilaterally end the EB-5 program. It was created by Congress in 1990 and is codified in the Immigration and Nationality Act.” To eliminate or replace EB-5, legislative approval would be necessary—something that remains unlikely in a divided Congress.

Furthermore, investments made under the EB-5 program are protected until at least September 2026. Any changes to the program’s structure would need thorough congressional deliberation, making sudden discontinuation improbable.

Indian Investors and the Gold Card

India has historically been a significant market for the EB-5 visa, especially for individuals entangled in long employment-based green card backlogs. While the Gold Card may seem appealing to affluent investors, many Indian applicants are expressing reservations:

  1. High Costs: The $5 million fee stands in stark contrast to global alternatives, such as Malta’s residency program, which starts at $650,000.

  2. Legal Uncertainties: Potential participants are wary of the Gold Card’s legal standing and the overall application process.

  3. Concerns about Promises: There is skepticism regarding whether the fast-track assurances will hold up under scrutiny.

As the landscape of investment-based immigration continues to evolve, the Gold Card initiative adds another layer of complexity, reshaping the options available for those seeking residency in the United States.

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