Gold Card Requirements 2026: Eligibility and Application

Program status as of November 2026#

The Gold Card is a U.S. immigration program created by Executive Order 14351, signed on September 19, 2025. It offers a path to permanent residency in exchange for a $1,000,000 unrestricted gift to the U.S. government, without the job creation or business investment requirements of the EB-5 program. USCIS released the petition form, Form I-140G, in November 2025 and began accepting applications in December 2025.

The Gold Card does not create a new visa category. Approved applicants are classified in the existing EB-1 or EB-2 employment based categories and use those visa numbers. A federal lawsuit filed in February 2026 argues that this bypasses the criteria Congress set for EB-1 and EB-2; it was still pending as of November 2026.

This article explains the Gold Card's requirements, eligibility criteria, and application process, and points out where details are still unsettled.

Trust tier notice: Gold Card details carry a Yellow trust tier because the program rests on an executive order rather than a statute, is under legal challenge, and has little adjudication history. The EB-5 program, by contrast, has a 34 year statutory foundation.

Important: Immigration law is complex and individual circumstances vary significantly. Consult a qualified immigration attorney for personalized guidance before making any visa application decision.

Last verified: 2026-11-07

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Core requirements#

Financial requirement: $1,000,000#

The core requirement is a $1,000,000 gift to the U.S. government for an individual applicant, or $2,000,000 when a company sponsors the applicant. A $5,000,000 "Platinum Card" has been described by the administration but was not in effect as of November 2026. Key characteristics of the payment:

Non-refundable. Unlike the EB-5 program's at risk investment, which may be returned to the investor after immigration conditions are met, the Gold Card contribution is not returned. It is a payment to the government, not an investment in a commercial enterprise.

Processing fee. Applicants pay a nonrefundable $15,000 processing fee before filing Form I-140G.

Family members. Early guidance indicated that a spouse or child who wants a Gold Card needs a separate contribution. Confirm the current terms with an attorney before you commit.

Source of funds. Applicants must document that the contributed funds come from lawful sources. Expect financial documentation and verification, even if the review differs from the EB-5 source of funds process.

Source: Executive Order 14351 (September 19, 2025); USCIS Form I-140G. Yellow trust tier.

No job creation requirement#

The Gold Card does not require the creation of U.S. jobs. This is a departure from the EB-5 program, which mandates at least 10 full time U.S. jobs per investor.

For applicants, this means:

1. No need to select or evaluate a job creating project
2. No risk of immigration denial based on insufficient job creation
3. No ongoing obligation to monitor project employment outcomes
4. No I-829 petition to remove conditions, because EB-1 and EB-2 green cards are not conditional

The Gold Card draws on EB-1 and EB-2 visa numbers from the employment based allocation rather than having its own visa category. Those categories have per-country limits, so applicants born in backlogged countries such as China and India can still wait for a visa number.

Source: Executive Order 14351; comparison to INA Section 203(b)(5) EB-5 requirements. Yellow trust tier (Gold Card); Blue trust tier (EB-5 comparison).

No business plan requirement#

Gold Card applicants do not submit a business plan, identify a commercial enterprise, or show business activity in the United States. The contribution goes to the government, not to a business. By contrast, EB-5 requires the investor to identify a qualifying new commercial enterprise, review the project's business plan and economic analysis, and ensure the enterprise meets all regulatory requirements.

Source: Program structure under Executive Order 14351. Yellow trust tier.

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Eligibility criteria#

Who qualifies#

The Gold Card is open to foreign nationals who meet these criteria:

Financial capacity. The applicant needs $1,000,000 in lawfully sourced funds for the contribution, plus the $15,000 fee. There is no separate net worth test, but an applicant should have substantially more than $1,000,000 in total assets to absorb a non-refundable payment of this size.

Admissibility. All applicants must be admissible to the United States under general immigration law. Grounds of inadmissibility include criminal history (certain offenses), security concerns, prior immigration violations, communicable diseases, and other factors defined in INA Section 212(a).

Visa number availability. After USCIS approves Form I-140G, the applicant still needs an available EB-1 or EB-2 visa number under the Visa Bulletin for their country of chargeability.

Source: Executive Order 14351; USCIS Form I-140G; INA Section 212(a) (inadmissibility grounds). Yellow trust tier (Gold Card specifics); Blue trust tier (general admissibility law).

Who is excluded#

Based on general immigration law, the following individuals are likely ineligible:

Individuals with disqualifying criminal history. Serious criminal offenses, including aggravated felonies, drug trafficking, terrorism, and certain fraud offenses, render applicants inadmissible under INA Section 212(a).

Individuals on U.S. sanctions lists. Persons designated under the Office of Foreign Assets Control (OFAC) sanctions programs, including Specially Designated Nationals (SDN) list entries, would face exclusion.

Individuals from comprehensively sanctioned countries. Applicants from countries under comprehensive U.S. sanctions or travel restrictions would face substantial barriers.

Individuals with prior immigration fraud. Those who have engaged in material misrepresentation or fraud in prior immigration proceedings may be inadmissible under INA Section 212(a)(6)(C).

Source: INA Section 212(a); OFAC Sanctions Programs. Blue trust tier (statutory grounds); Yellow trust tier (Gold Card specific application).

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Vetting and background check process#

What is known#

All Gold Card applicants go through background and security checks. This includes:

Criminal background check. Screening against federal and international criminal databases.

National security screening. Screening against terrorism watchlists and interagency security checks, similar to the screening applied to other immigrant visa applicants.

Financial due diligence. Review of the source of the contributed funds, including checks that the money does not come from sanctioned entities, criminal activity, or other prohibited sources.

Identity verification. Biometric collection (fingerprints, photographs) and identity document verification.

What remains uncertain#

Several aspects of the process are still unclear:

1. How long background checks and adjudication take in practice
2. How the pending lawsuit will affect the program
3. How much source of funds documentation USCIS will require compared to EB-5
4. Whether applicants in certain industries or from certain regions face enhanced scrutiny

Source: USCIS Form I-140G; general immigration vetting practices under INA and USCIS procedures. Yellow trust tier.

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Application process#

Known steps#

The process as published by USCIS:

Step 1: Preparation. Engage an immigration attorney to assess your circumstances, including whether your country of birth faces an EB-1 or EB-2 backlog.

Step 2: Pay the processing fee. Pay the $15,000 nonrefundable processing fee.

Step 3: File Form I-140G. Submit the petition with identity documents, financial evidence, and source of funds documentation.

Step 4: Vetting and adjudication. USCIS conducts background checks and financial due diligence and decides the petition.

Step 5: Contribution. Make the $1,000,000 (or $2,000,000 corporate) contribution as USCIS directs.

Step 6: Immigrant visa processing. Once an EB-1 or EB-2 visa number is available, complete immigrant visa processing, usually at a U.S. consulate abroad, including a medical exam and admissibility review.

Step 7: Status issuance. On admission to the United States, the applicant becomes a lawful permanent resident.

Uncertain elements#

As of November 2026, the following details are not well established:

1. Processing time benchmarks (USCIS has not published any for Form I-140G)
2. How many petitions have been approved (reports in May 2026 counted a few hundred applications and very few approvals)
3. Whether premium processing or expedited review is available
4. Remedies if a petition is denied

Source: USCIS Form I-140G; public reports, 2026. Yellow trust tier.

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Comparison to EB-5 requirements#

Side by side#

Source: INA Section 203(b)(5); EB-5 Reform and Integrity Act of 2022; Executive Order 14351. Blue trust tier (EB-5); Yellow trust tier (Gold Card). See Gold Card vs EB-5 for complete comparison.

Key tradeoffs#

Gold Card advantages: No job creation requirement, no conditional period, no business risk, no project selection.

EB-5 advantages: Lower capital requirement (TEA), capital potentially recoverable, 34 years of statutory and regulatory certainty, extensive case law, set-aside visa categories (rural, high unemployment, infrastructure) that are Current for all countries in the November 2026 Visa Bulletin.

The fundamental question for each investor is whether the simpler requirements of the Gold Card justify the additional $200,000 in capital (versus TEA) and the fact that the contribution is not returned. For investors who value legal certainty and the possibility of capital return, EB-5 may remain preferable despite its greater complexity.

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Limitations and uncertainties#

What investors should understand#

The Gold Card is new and carries uncertainties that established programs do not:

Regulatory durability. The Gold Card rests on an executive order, so a future administration could change or end it without Congress. EB-5 is anchored in the Immigration and Nationality Act and has survived changes in administration for over three decades.

Legal challenges. A lawsuit filed in federal court in Washington, DC in February 2026 argues that the program unlawfully redirects EB-1 and EB-2 visa numbers. A ruling against the program could affect pending and future petitions.

Thin track record. USCIS has approved very few Gold Card petitions so far, and early processing may bring delays, inconsistent adjudication, or procedural changes.

Legal precedent. EB-5 benefits from thousands of Administrative Appeals Office (AAO) decisions, federal court rulings, and USCIS policy memoranda. The Gold Card has no comparable body of precedent, so individual case outcomes may be less predictable.

Future changes. The contribution amount and terms could change by executive action. Do not assume today's figures are fixed.

Source: EB5Status analysis of program structures. Orange trust tier (editorial assessment).

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Key takeaways#

1. A $1,000,000 non-refundable gift to the U.S. government is the core financial requirement ($2,000,000 with a corporate sponsor), plus a $15,000 nonrefundable processing fee. A $5,000,000 Platinum Card has been described but was not in effect as of November 2026.

2. No job creation, no business plan, no conditional period distinguishes the Gold Card from EB-5's more complex requirements.

3. Form I-140G is the petition. USCIS began accepting applications in December 2025.

4. Uses EB-1/EB-2 visa numbers from the employment based allocation, so per-country backlogs in those categories still apply.

5. The program is operating but under legal challenge. A federal lawsuit filed in February 2026 was pending as of November 2026.

6. No EB-5 style lapse protection. The Gold Card rests on an executive order and can be changed without Congress.

7. Consult an immigration attorney before deciding between Gold Card and EB-5. The right choice depends on individual financial capacity, risk tolerance, timeline, and immigration objectives.

For current Gold Card and EB-5 program details, visit the EB5Status Gold Card Guide and Processing Times Dashboard.

Disclaimer: This article presents publicly available information about the Gold Card as of November 2026. The program is new, under legal challenge, and subject to change. This article does not constitute legal advice. Consult an immigration attorney for personalized guidance regarding your specific situation.

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Data sources: Executive Order 14351 (September 19, 2025), USCIS Form I-140G, INA Section 203(b)(5), EB-5 Reform and Integrity Act of 2022, USCIS Policy Manual. Trust tiers: Yellow (Gold Card details), Blue (EB-5 statutory and regulatory data), Orange (editorial analysis of program uncertainty).