The Gold Card Program
On September 19, 2025, President Trump issued The Gold Card Executive Order declaring the creation of a Gold Card program for foreign nationals who make an unrestricted gift of a minimum of $1 million to the US Department of Commerce. Corporate sponsors who make a gift of at least $2 million per employee can receive gold card benefits for those employees, which would be transferrable between employees. Approved applications will provide the beneficiary with a path to a green card in either the EB-1 or EB-2 immigrant visa categories. The gift will be seen as evidence of either extraordinary ability (EB-1), exceptional ability (EB-2) or as a national interest waiver (EB-2).
However, it is currently unclear what the exact process to obtain a Green Card will be after favorable adjudication of a Gold Card I-140G petition. Applicants will only be eligible for a Gold Card if they are admissible to the US, eligible for lawful permanent resident status in the US and have a visa number available to them. There is much that is still uncertain about the Gold Card program, and applications are not yet open, but we now have a lot more information about what information and documentation will be requested.
What will be the tax treatment of Gold Card recipients?
Gold card recipients will be taxed similarly to other US lawful permanent residents and US citizens.
Note that this is different from the rumored Platinum Card, which would allow for up to 270 days residence in the US per year without being taxed on non-US income.
What is the status of the Gold Card Program?
According to the Office of Information and Regulatory Affairs, the Gold Card program will launch on December 18, 2025.
The proposed draft Gold Card application form (Form I-140G) has received OMB approval, though the final version of the form has not yet been published. Once launched, the Gold Card program may be subject to legal challenge. It is unclear what would happen to gifts already made if the program is invalidated.
What are the Government Fees for the Gold Card?
Self-petitioners must submit Form I-140G along with a $15,000 filing fee per person and a $1 million non-refundable gift for each individual.
Corporate petitioners must submit a Form I-140G along with a $15,000 filing fee per beneficiary, a $2 million nonrefundable gift for the principal beneficiary, and a $1 million nonrefundable gift for each derivative beneficiary. There will also be a small annual maintenance fee and a transfer fee for corporate gold cards, but details of this have not yet been released.
What Information and Documents Will Be Required to Apply?
The approved I-140G draft form requires extensive personal information such as 20 years of employment history, education history, proof of lawful source of funds, and documentation of the path of funds from your account to US Department of Commerce.
Corporate applications will also require extensive company information and documentation, including financial statements/tax returns, information on all company owners, proof of lawful source of funds and documentation of the path of funds from the company account to the US Department of Commerce.
I-140G Supplement
A Form I-140G Supplement (along with the required $15,000 filing fee and $1 million gift) is required for spouses and children of principal beneficiaries, if the spouse and children are also requesting Gold Cards.
Processing Times and Payment Schedules
It is currently unclear what the average processing time will be for the Gold Card application. Additionally, the process of paying the required $1 or $2 million gift has not yet been outlined.
Platinum Card
There has been a rumored release of a Platinum Card program, allowing beneficiaries to live in the US for up to 270 days per year without having to pay taxes as a US Resident in exchange for a $5 million nonrefundable gift plus a processing fee. No further details have been released about this potential program.
Additional Information
Our firm will continue to monitor related developments and provide updates. If you are interested in determining your eligibility for the Gold Card program, please contact our firm at law@antone.com or at 248-406-4100.
