The Gold Card Program, established by recent Executive Order, has generated significant attention as a potential “fast-track” to U.S. Lawful Permanent Resident (LPR) status through a substantial financial contribution. While the prospect of expedited processing for a Green Card is tempting for high-net-worth individuals and corporations, the practical and legal landscape of the new Form I-140G is a minefield of ambiguities and significant financial risks that cannot be ignored.
Cohen, Tucker + Ades strongly advises all prospective applicants to seek objective, competent legal counsel to fully understand the legal uncertainties and financial exposures before proceeding.
The process, which mandates initial registration at trumpcard.gov and the subsequent filing of the online-only Form I-140G, involves extraordinary non-refundable fees submitted before final adjudication.
| Applicant Type | Nonrefundable Application Fee (Per Person) | Required “Gift” to U.S. (Before Adjudication) | Total Financial Exposure (Family of 4) |
| Individual (Self-Petition) | $15,000 | $1 Million (Per Person) | $4,060,000 ($4M Gift + $60k Fees) |
| Corporate Sponsor | $15,000 (Per Person) | $2 Million (Principal) + $1 Million (Each Derivative) | $5,060,000 ($5M Gift + $60k Fees) |
The most alarming aspect is the requirement to submit an unrestricted “gift” of $1 million (or more) to the U.S. government before adjudication of the I-140G petition. No refund or safeguard mechanism (like escrow) is currently described. This means:
A non-refundable gift of up to $5 million submitted before approval poses an extraordinary, unsecured risk to the applicant’s capital in the event of denial, program suspension, or judicial invalidation.
Our analysis of the new framework reveals several major areas of concern that expose applicants to potential denial and future legal challenges:
The Conflict: The Form I-140G instructions mandate that each derivative family member (spouse and children) is subject to an additional $15,000 processing fee and a $1 million gift.
The Concern: This directly contradicts the Executive Order’s structure, as well as the INA §203(d) statutory derivative rights and longstanding USCIS practice, where dependents do not independently invest or donate. This regulatory overreach is a clear point of legal vulnerability.
The Gold Card program is tied to the EB-1 Extraordinary Ability and EB-2 National Interest Waiver (NIW) categories. However, the documentation required to satisfy the statutory criteria for “extraordinary ability” or “exceptional ability” is unclear.
The Risk: Without explicit clarification from USCIS, applicants risk filing a petition that fails to satisfy the underlying EB-1 or EB-2 legal standards, leading to a denial despite the massive financial contribution.
USCIS has not identified the service unit that will adjudicate the I-140G petitions.
The Concern: If USCIS re-directs adjudicators from mandated programs like EB-5 to a discretionary executive-order program, it risks undermining Congress’s statutory objectives and may result in backlogs and delays for all other employment-based petitions.
The I-140G requires applicants to detail their net worth and identify the sources and lawfulness of their funds.
The Burden: The form mandates a 20-year employment history and the disclosure of all financial accounts, including cryptocurrency, for the applicant AND their spouse—even though the spouse does not independently provide the donation funds. This level of scrutiny, particularly on spousal accounts, is unnecessarily burdensome and inconsistent with many other immigrant categories.
Given the untested nature, significant financial commitment, and inherent legal risk of the Gold Card Program, attorneys have an ethical duty to exercise the highest degree of competence and diligence.
The Duty to Inform: Lawyers must explain the material risks in plain language, including the high likelihood of litigation challenging the program’s statutory foundation, the complete loss of the non-refundable fee and gift, and the uncertainty of future policy changes.
Document Alternatives: Objectively discuss all reasonably available alternatives, such as the established EB-5 program or traditional EB-1/EB-2 pathways, comparing their processing times, costs, and statutory stability against the Gold Card’s volatility.
Obtain Written Consent: Due to the extraordinary financial exposure and legal uncertainty, Cohen, Tucker + Ades strongly recommends obtaining comprehensive, written consent from the client confirming they understand the lack of program history, the legal risks, and the non-refundable nature of the funds, yet still elect to proceed.
The Gold Card represents a new frontier in U.S. immigration, but one that is built on a tenuous legal foundation. Proceed with extreme caution and with the guidance of experienced counsel.
Disclaimer: This blog post contains general information and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship between you and Cohen, Tucker + Ades P.C. Immigration laws and fee schedules are subject to frequent change. The information provided herein may not reflect the most current legal developments. You should not act or refrain from acting based on information contained in this post without seeking professional counsel from an attorney licensed in your jurisdiction. Cohen, Tucker + Ades P.C. expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this post.
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