In September 2025, President Trump signed an executive order creating a new pathway to U.S. residency called the “Gold Card.” The order aims to simplify and speed the process for wealthy individuals seeking U.S. residency. However, the way it has been structured creates significant limitations.

The executive order suggests that Gold Cards will be processed through the existing EB-1 and EB-2 employment-based categories. This means that the new card does not remove the long delays that investors from high-visa-demand countries, most notably India and China, continue to face.

In this article, we will walk you through how the Gold Card is supposed to work and why EB-5 remains a safer route for Indian and Chinese nationals.

How Trump’s New Gold Card Is Supposed to Work

President Trump’s executive order issued on September 19, 2025, introduces the Gold Card as a new immigration option administered by the Department of Commerce. To qualify, applicants must make what the order calls an “unrestricted gift”—a payment of $1 million for individuals or $2 million when made through a sponsoring corporation. These funds will be placed in a dedicated Treasury account intended to support U.S. commerce and industrial growth.

From an immigration standpoint, the order instructs the Departments of State and Homeland Security to treat this financial contribution as proof of eligibility for either EB-1 priority worker classification (8 U.S.C. §1153(b)(1)(A)) or EB-2 advanced degree or exceptional ability classification (§1153(b)(2)(A)). It also allows applicants to seek a national interest waiver under §1153(b)(2)(B).

The Gold Card, therefore, does not constitute a new visa category. Instead, it functions as a fast-track mechanism within the existing EB-1 and EB-2 frameworks. The Departments of Commerce, State, and Homeland Security have been given 90 days to roll out the program, set adjudication timelines, determine related fees, and outline procedures for corporate sponsorship transfers.

The order explicitly notes that implementation must comply with the visa caps established under 8 U.S.C. §1151 and related provisions. In practice, this means per-country limits remain in force—an important restriction for nationals of China and India, whose employment-based categories already experience lengthy backlogs.

Legal and Constitutional Concerns About the Gold Card

Many legal observers believe the Gold Card initiative will face serious court challenges. A central question is whether the president has the authority to reshape immigration rules in a way that alters who qualifies for existing visa categories—particularly EB-1 and EB-2—without legislative approval. Under the Immigration and Nationality Act (INA), the power to establish or substantially change visa categories generally rests with Congress, not the executive branch.

Another concern involves the constitutional separation of powers. By introducing a pathway to permanent residence based on large financial “gifts” instead of traditional professional or educational qualifications, the executive order could be seen as overstepping the boundaries of presidential authority. Critics argue that this approach may conflict with the INA’s detailed rules on visa quotas and eligibility standards.

Legal disputes may also center on how the program is carried out. Questions could arise about how agencies interpret “substantial benefit,” confirm or process the donations, and ensure fair administrative procedures. If the rules are unclear or appear arbitrary, courts may intervene—especially if the program is found to violate the Administrative Procedure Act (APA) by lacking proper notice, reasoning, or opportunities for public feedback.

Important Things to Know About the Gold Card

It is easy to assume that the Gold Card guarantees a quick or easy route to a U.S. Green Card. However, it is important to know that the program has these major limitations that you should understand before considering participation:

1. Backlogs Remain for India and China

Every Gold Card applicant will still be subject to annual visa limits, including the per-country caps that restrict the number of immigrant visas issued to each nation. In other words, the approval of an application does not guarantee a faster Green Card. For Indian and Chinese nationals, this means the Gold Card offers very little practical relief.

Both the EB-1 and EB-2 categories for these countries already experience some of the most severe visa waits in the entire U.S. immigration system. Because the law limits each country to roughly 7% of the total visas issued per year, demand from India and China far exceeds the available supply. As a result, even applicants with approved petitions must wait several years before their visa numbers become available.

As of the November 2025 Visa Bulletin, the EB-2 category for India has a cut-off date of April 1, 2013. This means that many Indian nationals applying under EB-2 could face waits of 10 years or more before they are eligible for final processing. While the delays for Chinese nationals are somewhat shorter, they are still burdensome, with significant EB-2 delays.

For this reason, the Gold Card—though highly publicized—offers little real advantage to applicants from India and China. While the executive order allows a monetary contribution to serve as proof of EB-1 or EB-2 eligibility, it does nothing to speed up movement in the Visa Bulletin. Cut-off dates in these categories will continue to inch forward slowly, often progressing only by weeks or months.

Even after making the required contribution, families from these countries would still find themselves waiting behind tens of thousands of others in the same visa queue for their turn to receive available numbers.

2. The Contribution Is Nonrefundable

According to the financial structure, the required payment is described as an “unrestricted gift” to the U.S. Department of Commerce. These funds will be deposited into a special Treasury account that supports American industry. It is not an investment, not a loan, and not recoverable. For Indian and Chinese applicants facing decade-long waits, the prospect of paying $1 million without any short-term immigration benefits or long-term financial returns makes it an expensive and risky choice.

Why EB-5 Remains the Safest Option for Indian and Chinese Applicants

Judging by how the Gold Card system works, it will most likely be more useful to wealthy applicants from countries that do not have backlogs in the employment-based visa categories. For them, the path to a Green Card could be relatively short, since their country’s visa numbers are still available. Unlike EB-5 investors, Gold Card participants would not need to meet job creation or project compliance requirements. Essentially, they would be purchasing permanent residency through a donation.

However, as explained earlier, the Gold Card does not provide practical benefits for Indian and Chinese nationals. By contrast, the EB-5 program remains a more secure path to U.S. residency for Indian and Chinese investors for the following reasons:

• Faster processing through set-aside visa categories: Investors who choose rural EB-5 projects can access reserved visas and avoid long backlogs. This can lead to Green Card approvals in months rather than years.
• Capital recovery potential: EB-5 funds are structured as investments, not gifts. Qualified investors can recover their $800,000 capital contribution and may even earn returns once the project reaches maturity.
• Early immigration benefits: For those already in the U.S. on temporary visas like H-1B, filing an EB-5 petition allows immediate application for adjustment of status. This enables you and your family members to obtain employment authorization documents (EADs) and advance parole (AP) within weeks, providing legal status, work permission, and travel flexibility while waiting for Green Card approval.
• Documented success rates: EB5AN investors have received I-526E approvals in as little as 5 months and Green Cards in under 9 months. Additionally, some have received EADs and APs in as little as 33 days.

Explore the Safer Route to a Green Card

The Gold Card is an ambitious proposal, but it also has serious limits, especially for people from India and China. Moreover, the legal and constitutional challenges call the program’s durability into question. For Indian and Chinese nationals, EB-5 has proven to be a more reliable path.

The first step of your journey is to partner with a reputable EB-5 firm like EB5AN that has over a decade of experience. We understand the complexities of EB-5 and have helped 2,700+ families become Green Card holders amidst shifting immigration policies in the U.S.

Feel free to schedule a consultation with us at no cost for personalized guidance on the right immigration plan for you and your family.