Applicants rushing to buy President Donald Trump’s newly unveiled $1 million “Gold Card” visa may be gambling far more than they realize, as legal experts warn the flashy new immigration program could be struck down in court, leaving hopefuls out of a cool million dollars and potentially out of status.
Pay To Stay?
The Trump administration last week officially launched the Gold Card, a pay-to-stay immigration option that promises fast-tracked permanent residency for wealthy foreigners willing to make a $1 million “gift” to the U.S. government, plus a nonrefundable $15,000 processing fee. Trump has touted the program as a way to keep top global talent in America, calling it a smarter, faster alternative to traditional green cards.
But immigration attorneys say the entire scheme rests on shaky legal ground.
Experts warn the Gold Card stretches and possibly exceeds presidential authority by effectively creating a new immigration pathway without congressional approval. Critics argue immigration law is set by Congress, not the White House, and that courts could invalidate the program altogether, The Independent reported.
If that happens, applicants could be left scrambling. “At the very minimum, they’d have to sue the U.S. government to get it back,” Shev Dalal-Dheini of the American Immigration Lawyers Association, told The Independent. Dalal-Dheini was referring to the $1 million fee. And legal challenges could jeopardize the immigration status of people who already received Gold Cards.
This is somewhat similar to Trump’s proposed $100,000 fee for H-1B visas that immediately resulted in lawsuits. Legal experts point out that the Gold Card could face the same fate.
The program allows applicants to bypass traditional standards by being automatically labeled as having “exceptional business ability,” a designation usually reserved for elite scientists, artists, or academics.
“Nothing exemplifies the Trump ethos more than assuming every rich person is exceptional,” immigration policy expert Aaron Reichlin-Melnick tweeted, warning future administrations could revoke visas granted under the program.
Despite the backlash, the administration appears to be doubling down. Officials have teased a $5 million “Platinum Card” offering tax advantages, as well as a Corporate Gold Card that allows companies to sponsor employees for millions more.
