The latest “America First” initiative by the Trump administration promises to expand legal pathways to obtain permanent residency in the United States.
On September 19, President Trump signed an executive order (EO) officially establishing the “Yellow Card” program, a new gift-based pathway to obtain permanent residency in the United States.
We feel it is necessary to clarify the details of this program, which differs significantly from previous announcements, and compare it with the long-standing EB-5 Immigrant Investor Program.
Gold Card 101: What is a Gold Card?
According to the EO… executive order
Agencies assigned to implement will be considered as a gift of 1 million dollars as evidence of special ability to qualify under the EB-1 or EB-2 program, depending on the rules and final rulings.
Corporations may sponsor an individual applicant with a gift of 2 million dollars.
The 1 million dollar or 2 million dollar gifts are non-refundable.
Capital contributions are paid directly to the Department of Commerce, with due diligence handled by the Department of Homeland Security.
Overall, the proposed program applies a residency-based fee model.
EO allows 90 days to complete procedures: submitting applications, review, visa issuance, status adjustment, the start date of receiving “gifts,” fees, etc.
EO does not guarantee the start date for actual cases/applications, except for requiring agencies to specify the date of gift receipt. EO does not ensure the program will operate fully within 90 days or whether the application includes a family or just an individual.
EO does not attempt to terminate or abolish EB-5* or declare the Golden Card as a replacement.
Comparison of EB-5
The Golden Card may appeal to individual applicants willing to pay a non-refundable gift of one million dollars, while EB-5 might still be the preferred option for those prioritizing family-based immigration with the potential for full capital repayment.
Golden Card: With a gift of one million dollars to the U.S. government, potential immigrants can apply for a trial pathway to obtain the EB-1/EB-2 Golden Card visa while awaiting the approval of the proposal and without any legal challenges during implementation.
EB-5: With an investment of $800,000**, potential immigrants can invest in a job-creating project to qualify for an immigrant investor green card.
Both EB-5 and the EB-1/EB-2 Golden Card represent “America First” pathways for global investors:
Golden Card: Supported by financial contributions/gifts from potential immigrants aligned with national interests.
EB-5: Immigration focused on family, emphasizing job creation for Americans and investment in American communities.
Each category serves a distinct and important need of the American people: job creation (EB-5) and reducing the national budget deficit (EB-1/EB-2 yellow card).
