The Trump administration’s new “Gold Card” immigration initiative is already facing a significant legal test that could determine whether the program survives in its current form. 

Earlier this month, a  lawsuit in federal court challenging the legality of the program, which was launched by executive order in September 2025. The lawsuit seeks to halt implementation and invalidate key aspects of how the program operates. 

WHAT IS THE GOLD CARD? 

The Gold Card is an executive-branch initiative designed to attract wealthy foreign nationals by linking substantial financial payments to U.S. permanent residence. Importantly, it does not create a new immigrant visa category. Instead, the program attempts to operate within existing employment-based green card classifications—primarily EB-1 (extraordinary ability) and EB-2 (exceptional ability – national interest waiver). 

Under the executive order and subsequent agency guidance: 

• Applicants (or sponsoring entities) make a financial “gift” to the U.S. government of $1 million for individuals and $2 million for corporate sponsors. 

• The payment is treated as evidence supporting eligibility for EB-1 or EB-2 (NIW) classification. 

• The Department of Commerce, not DHS, receives and administers the funds, described as contributions to promote U.S. commerce and industry. 

THE LEGAL CHALLENGE 

The lawsuit argues that the Gold Card exceeds executive authority under the Immigration and Nationality Act (INA). The lawsuit contends that EB-1 and EB-2 are merit-based immigrant classifications created by Congress and cannot be transformed into a “pay to play” immigrant category. 

The complaint alleges that:  

• Treating large payments as decisive evidence unlawfully substitutes wealth for statutory and regulatory eligibility criteria. 

• Congress created a specific investment-based category (EB-5) by statute, and the executive branch cannot create a parallel alternative by executive order. 

• The program was implemented without notice-and-comment rulemaking, in violation of federal law. 

• Prioritizing Gold Card cases in numerically limited categories such as EB-1 and EB-2 will delay adjudications for traditional merit-based applicants. 

OUR PERSPECTIVE 

The Gold Card litigation highlights the risks of relying on ungrounded immigration programs subject to legal challenge. Meltzer Hellrung recommends that any foreign national considering the Gold Card Program evaluate established immigration pathways that offer a safer, more secure approach to permanent residence, such as the EB-5 Immigrant Investor program or the EB-1A Extraordinary Ability category.  We regularly advise employers, investors, executives, and entrepreneurs on these options, providing strategic guidance on the most effective methods for obtaining permanent residence. 

Please contact your Meltzer Hellrung professional if you would like to discuss these options in more detail.