Gold Card Requirements 2026: Eligibility and Application

Program status as of March 2026#

The Gold Card is a proposed category of premium immigration to the United States, announced by the Trump administration in 2025. It has not been enacted into law, and no formal program is operating. Creating a new immigrant-residency category requires an act of Congress; a President cannot create one by executive action alone. As proposed, it would offer permanent residency in exchange for a $1,000,000 non-refundable "gift" to the U.S. Treasury, without the job creation or business investment requirements of the EB-5 program.

This article presents what has been announced about the proposed Gold Card requirements, eligibility criteria, and application process, while identifying areas where details remain undefined.

Trust tier notice: Gold Card details carry a Yellow trust tier (proposed/undefined) because the proposal has no statutory framework, unlike the EB-5 program's 34 year statutory foundation. Constitutional questions exist regarding whether the executive branch could create such a program without Congressional action.

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: 2026-03-27

---

Core requirements#

Financial requirement: $1,000,000#

The primary requirement described in the proposal is a $1,000,000 "gift" (the proposal's characterization) to the U.S. Treasury. A $2,000,000 corporate option has been floated for business entities, and a $5,000,000 Platinum Card tier has been described. Key characteristics of this proposed 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 proposed Gold Card contribution would be non-refundable. The capital would not be returned. The payment would be made to the U.S. Treasury and would not be structured as an investment in a commercial enterprise.

Single payment. As proposed, the $1,000,000 would be a one time payment, not an installment arrangement, with the full amount due as part of the application process.

Additional fees. The proposal describes a $15,000 application fee and a $375 processing fee per person, applying to the principal applicant and each derivative family member.

Source of funds. As proposed, applicants would demonstrate that the $1,000,000 originates from lawful sources. While the documentation requirements are expected to be less extensive than the EB-5 source of funds process (which requires tracing capital through every stage of accumulation), applicants should anticipate some level of financial documentation and verification.

Source: Trump administration announcements, 2025. Yellow trust tier (proposal).

No job creation requirement#

As proposed, the Gold Card would 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. The absence of a job creation requirement would eliminate one of the more complex elements of investment based immigration.

For investors, this would mean:

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 based on job creation verification

As proposed, the Gold Card would draw on EB-1 and EB-2 visa numbers from the employment based allocation rather than having its own dedicated visa category.

Source: Trump administration announcements, 2025; comparison to INA Section 203(b)(5) EB-5 requirements. Yellow trust tier (Gold Card proposal); Blue trust tier (EB-5 comparison).

No business plan requirement#

Under the proposal, Gold Card applicants would not be required to submit a business plan, identify a commercial enterprise, or demonstrate any business activity in the United States. The contribution would go 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 as announced. Yellow trust tier.

---

Eligibility criteria#

Who qualifies#

Based on what has been announced, the proposed Gold Card would be open to foreign nationals who meet the following criteria:

Financial capacity. The applicant would need $1,000,000 in lawfully sourced funds available for the contribution. The proposal describes no minimum net worth requirement beyond the contribution itself, though practical considerations suggest that applicants should have substantially more than $1,000,000 in total assets to absorb a non-refundable payment of this magnitude.

No nationality restrictions (with exceptions). The proposal is described as broadly available to nationals of most countries. However, applicants from countries subject to U.S. sanctions or travel restrictions would likely face additional screening or exclusion. No specific list of restricted nationalities has been published, since no formal program exists yet.

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).

Age requirement. Applicants must be adults (18 or older). Derivative benefits for spouses and children under 21 are expected to follow the same framework as other immigrant visa categories, though specific provisions remain undefined.

Source: Program structure as announced; INA Section 212(a) (inadmissibility grounds). Yellow trust tier (Gold Card specifics); Blue trust tier (general admissibility law).

Who is excluded#

Based on available program information and 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 be excluded.

Individuals from comprehensively sanctioned countries. While no program specific guidance exists, applicants from countries under comprehensive U.S. sanctions 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).

---

Vetting and background check process#

What is known#

The proposal describes a vetting and background check process for all applicants. Based on what has been announced, this process would include:

Criminal background check. Applicants would undergo screening against federal and international criminal databases, including FBI records, Interpol databases, and other law enforcement resources.

National security screening. Applicants would be screened against terrorism watchlists, intelligence databases, and interagency security checks. This process would be similar to the screening applied to other immigrant visa applicants.

Financial due diligence. The source of the $1,000,000 contribution would be subject to review for compliance with anti-money laundering (AML) regulations. This may include verification that funds do not originate from sanctioned entities, criminal activity, or other prohibited sources.

Identity verification. Standard biometric collection (fingerprints, photographs) and identity document verification would be part of the application process.

What remains uncertain#

Several aspects of the vetting process are still being defined:

1. The specific timeline for background check completion
2. Whether the vetting process creates processing delays comparable to other security intensive visa categories
3. The level of source of funds documentation required compared to EB-5's extensive requirements
4. Whether applicants in certain industries or from certain regions face enhanced scrutiny

Source: Program structure as announced; general immigration vetting practices under INA and USCIS procedures. Yellow trust tier.

---

Application process#

Known steps#

Based on what has been announced, an enacted Gold Card application process would involve:

Step 1: Preparation. No application or registration channel exists, because the proposal has not been enacted. Prospective applicants can engage an immigration attorney to assess individual circumstances and monitor whether the program becomes law.

Step 2: Financial preparation. Under an enacted program, an applicant would assemble the $1,000,000 contribution plus the $15,000 application fee and $375 processing fee per person, prepare source of funds documentation, and ensure funds are in a form readily transferable to the U.S. government.

Step 3: Application submission. If a program were created, the applicant would submit the Gold Card application through the designated government channel with required supporting documentation, including identity documents, financial evidence, and background check authorization.

Step 4: Vetting and adjudication. The applicant would undergo the background check and financial due diligence process. No timeline for this stage exists.

Step 5: Payment. Upon approval (or at a designated point in the process), the $1,000,000 contribution would be transmitted to the U.S. Treasury.

Step 6: Consular processing. As proposed, the Gold Card would bar Adjustment of Status (AOS). All applicants would process through a U.S. embassy or consulate abroad to receive their visa, and applicants already in the United States could not adjust status domestically.

Step 7: Status issuance. Upon completion of consular processing and entry to the United States, the applicant would receive permanent resident status (green card).

Uncertain elements#

As of March 2026, the following application details are not fully established:

1. The exact sequence of payment and approval (whether payment precedes or follows adjudication)
2. Processing time benchmarks
3. Whether premium processing or expedited review is available
4. Appeal or reapplication procedures if denied

Source: Proposal status as of 2026. Yellow trust tier.

---

Comparison to EB-5 requirements#

Side by side#

Source: INA Section 203(b)(5); EB-5 Reform and Integrity Act of 2022; Gold Card proposal announcements. 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 complexity, no per country visa backlog.

EB-5 advantages: Lower capital requirement (TEA), capital potentially recoverable, 34 years of statutory and regulatory certainty, extensive case law providing predictability, established appeal and remedy mechanisms.

The fundamental question for each investor is whether the simplicity and speed of the Gold Card justifies the additional $200,000 in capital commitment (versus TEA) and the non-refundable nature of the contribution. For investors who prioritize certainty of process and the possibility of capital return, EB-5 may remain preferable despite its greater complexity.

---

Limitations and uncertainties#

What investors should understand#

The Gold Card program, as a new initiative, carries inherent uncertainties that more established programs do not:

Regulatory durability. The Gold Card has only been announced as a proposal; it has not been enacted and would require legislation, since creating a new immigrant-residency category is a power reserved to Congress. EB-5, by contrast, is anchored in the Immigration and Nationality Act and has survived changes in administration for over three decades. The Gold Card proposal has no statutory grandfathering protection, meaning applicants would lack the safeguards that EB-5 provides through September 30, 2026.

Legal challenges. Constitutional questions have been raised regarding whether the executive branch could redirect EB-1/EB-2 visa numbers to a Gold Card program without Congressional authorization. Such challenges could block the proposal or any program built on it.

Administrative infrastructure. No processing infrastructure for Gold Card applications (adjudication officers, processing centers, standard operating procedures) exists yet. If a program were created, its early years could bring processing 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 that provide detailed guidance on virtually every aspect of the program. The Gold Card has no comparable body of precedent, meaning that individual case outcomes may be less predictable.

Future fee adjustments. The proposed $1,000,000 contribution amount could change before any program is enacted. Investors should not assume the figures floated today would remain fixed.

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

---

Key takeaways#

1. A proposed $1,000,000 non-refundable "gift" to the U.S. Treasury is the core financial requirement described, plus a $15,000 application fee and $375 processing fee per person. A $2,000,000 corporate option and $5,000,000 Platinum Card tier have also been floated.

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

3. Consular processing only. As proposed, the Gold Card would bar Adjustment of Status, so all applicants would process through a U.S. consulate abroad.

4. Would use EB-1/EB-2 visa numbers from the employment based allocation, not a separate visa category.

5. No program exists yet. The Gold Card remains a proposal announced by the Trump administration in 2025, not an operating program accepting applications.

6. No statutory grandfathering protection exists, unlike EB-5 which provides grandfathering through September 30, 2026.

7. Constitutional questions surround whether the proposal could be created without Congress, particularly regarding the redirection of visa numbers without Congressional action.

8. 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 proposed Gold Card as of 2026. The program has not been enacted, and details are subject to change. This article does not constitute legal advice. Consult an immigration attorney for personalized guidance regarding your specific situation.

---

Data sources: Trump administration announcements (2025), INA Section 203(b)(5), EB-5 Reform and Integrity Act of 2022, USCIS Policy Manual. Trust tiers: Yellow (Gold Card proposal details), Blue (EB-5 statutory and regulatory data), Orange (editorial analysis of program uncertainty).