Will Trump’s $1M Gold Card Change Things for EB-5 Investors from India?

Many of our investors and prospective clients have asked: “What does Trump’s new Gold Card mean for me? Should I rush, wait, or change my plan?” That’s a fair question, given all the announcements, media speculation, and legal uncertainty circulating now.

To help you understand better, let us walk you through:

1. What the Gold Card is (as far as we know)

2. Key points of uncertainty and risk

3. What investors should do now

What Is the Gold Card (Based on Current Announcements)

Here’s what we currently do know about the Gold Card program from the executive order and public announcements:

● In September 2025, President Trump signed an executive order establishing the Gold Card.

● The order defines the Gold Card as a $1 million gift (i.e. donation), not an “investment” in a project.

●  For corporate-sponsored cases, the required donation is $2 million. 

●  The program is to be administered by the Secretary of Commerce working with DHS and State. 

●  The Executive Order states that the gift will be treated “as evidence” of eligibility under certain EB-1 / EB-2 standards (such as national interest, exceptional ability) for expedited adjudication. 

●  The order gives the agencies 90 days to set up the implementation: define application processes, begin accepting gifts, etc. 

● It also instructs that the donated funds go into a special fund in the U.S. Treasury to promote American commerce/industry. 

So in short: the Gold Card is meant to be a fast, high-cost pathway to U.S. residency (green card), via a “donation” rather than a conventional investment, and is being slotted into EB-1 / EB-2 frameworks.

Key Unknowns, Risks & Legal Questions

Though the Gold Card has been announced, many critical details are still undecided or legally contested. While immigration and citizenship is required to be authorized through Congress, there have been no proposed bills to bring this to the floor.  Without further legislative action, it is an uphill battle to fully authorize the program.  Here are the main uncertainties you should watch:

Issue	What’s Unclear/Risk	Why It Matters
Congress & Legal Authority	Some legal analysts argue that creating a new green card pathway via executive order may exceed presidential authority.	The program may face lawsuits that delay or block its implementation.
Applicability / Backlogs by Country	India and China already face major backlogs under EB-1 and EB-2. Even if Gold Card lets you “skip ahead,” backlog limits may still apply.	If you’re from India, it may not help much until USCIS/State affirm how backlog handling is applied.
Dependents & “Per Applicant” Structure	It’s not clear if your spouse or children require separate $1 million donations or whether they can be included under the principal’s gift.	A major cost consideration.
Refundability / Capital Return	The donation is non-refundable. Unlike EB-5, there is no “capital return” mechanism tied to job creation or project success.	You lose investment leverage and downside protection.
Implementation Timing & Processing Rules	The agencies must define when applications begin, vetting criteria, processing timelines.	Until processes are published, you can’t plan reliably.
Compatibility with EB-5 & Other Paths	It’s unclear how this interacts with existing EB-5, EB-1, EB-2, and other visa programs in practice.	You may not get to “switch” into Gold Card easily if you have started EB-5 already.
Political / Future Reversal Risk	Because this is created via executive order, future administrations or courts might reverse, suspend, or change it.	Any gold card you apply for might end up being unstable or uncertain.

The Trump Gold Card is vulnerable to failure because it runs into deep legal, structural, and market limitations. First, immigration and tax law in the U.S. are statutory domains squarely under Congress, so a president cannot unilaterally create a new residency-by-payment program or eliminate existing visa categories without running into major constitutional or Administrative Procedure Act challenges. Second, the plan’s mechanics conflict with existing visa limits and categories: even if accepted, many “approved” recipients may still have to wait years for green cards under the existing caps and per-country ceilings. Lastly, demand may prove weak or risky: wealthy foreign investors have expressed concern about the U.S. political climate, tax uncertainties, and the credibility of the promise that residency (or citizenship) will be delivered—especially given the price cut already made in response to lackluster interest, which some see as an admission of failure.

What Investors under H-1B / EB-2 / EB-3 Should Do Now

Given the uncertainties, here’s a suggested roadmap:

1. Continue with your EB-5 plan: Don’t abandon EB-5 in hopes of a Gold Card. EB-5 is still the most reliable, understood pathway today.

2. Watch for official regulations and guidance: Once Commerce, DHS, and State publish rules, review how they treat backlog, dependents, and eligibility for India/China.

3. Keep your documentation audit-ready: Whether for EB-5 or a possible Gold Card, strict sourcing, clean paper trails, and proper structure matter.

4. Don’t delay unnecessarily: Even if a Gold Card seems attractive, timing matters. If new rules delay or change later, being ahead in EB-5 may give you more certainty.

Final Thought

We understand the anxiety around a $1 million “shortcut” to U.S. residency when so many of you are already in the system on H-1B / EB-2 / EB-3. While the Gold Card could offer a bold new path, it remains fraught with unknowns—especially for investors from India who already face visa backlogs.

At EB-5 USA, we remain grounded in what’s known: tried-and-true EB-5 investment routes, project due diligence, and protected structuring in TEA / high-unemployment areas. Those fundamentals don’t vanish with headlines — they are your dependable foundation.

Because your Green Card shouldn't take a lifetime.