EB-5 PROGRAM AND THE GOLD CARD: WHAT YOU NEED TO KNOW

There has been growing speculation in the media and immigration circles about potential changes to the EB-5 Immigrant Investor Program. Most notably, there are reports that former President Donald Trump has expressed interest in creating a new “Gold Card Visa” which would offer a pathway to U.S. citizenship through an investment of $5 million USD. While this concept has garnered attention, no such program has been implemented, and it remains a proposal under discussion rather than an official policy.

According to reports, the aim of this proposed “Gold Card” would be to attract highly successful, wealthy individuals and top-tier global talent to the United States. Some have speculated that this visa could eventually replace the current EB-5 Program, though such a significant change would require legislative action by Congress.

The EB-5 Immigrant Investor Program, created in 1990, is still in effect and remains a valuable pathway for investors seeking U.S. permanent residence. It was designed to stimulate the U.S. economy through job creation and capital investment. Under the program, a qualified EB-5 investor must invest the required amount of capital in a new commercial enterprise that creates at least 10 full-time jobs for qualifying U.S. workers.

Importantly, the EB-5 Reform and Integrity Act of 2022 reauthorized the program through September 30, 2027, and added critical integrity measures and investor protections. As a result, individuals who file a qualifying EB-5 petition now can benefit from “grandfathering” protections, meaning that even if future policy changes occur, their petitions will continue to be processed under the existing EB-5 framework.

It is essential to note that any significant changes to the EB-5 program or U.S. immigration law require congressional action. The President cannot unilaterally terminate or replace an immigration program that was created through an act of Congress. The U.S. Constitution grants Congress exclusive authority over immigration laws, including employment-based green card categories such as EB-5.

Bottom Line:

The EB-5 Program is still active and accepting new petitions.
Filing now can preserve your eligibility under the current law and protect you
from potential future changes.
Proposals like the “Gold Card” visa are speculative and would require full
congressional approval to become law.

If you’re considering the EB-5 Program, now is a strategic time to file and secure your place under the current regulations. Our firm is here to guide you through every step of the process.

Please schedule a consultation with us if you have any questions about the Gold Card or the EB-5 Immigrant Investor Program at this link.