The Trump Administration issued an Executive Order (EO) on the evening of September 19, 2025, outlining the framework for the anticipated “gold card” visa, a visa program that will facilitate the entry of those that gift the administration US$1 million for individuals donating on their own behalf or US$2 million for corporations (and similar entities) if they are donating on behalf of an individual.
New gold card visa, explained
The gold card visa authorizes aliens who make an unrestricted gift to the Department of Commerce (pursuant to 15 U.S.C. 1522) to establish eligibility for an immigrant visa using expedited processing, to the extent that it is consistent with existing immigration law, public safety and national security concerns.
The EO directs the Secretary of State and Secretary of Homeland Security to treat the gift consistent with the following (existing) visa classifications:
- Aliens with “extraordinary ability” (pursuant to 8 U.S.C. 1153 (b)(1)(A))
- Aliens who are members of professions that hold advanced degrees or aliens of exceptional ability (pursuant to 8 U.S.C. 1153 (b)(2)(A))
- National interest (pursuant to 8 U.S.C. 1153 (b)(2)(B)
For context, aliens with extraordinary ability are defined as those with a “level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.”
Aliens who are members of professions that hold advanced degrees or aliens of exceptional ability are those who have, at minimum, an advanced degree or the equivalent, but often requires multiple credentials combined with experience.
While aliens who are in the US’s national interest must have an advanced degree or an individual of exceptional ability in the sciences, arts or business, the alien must also prove to the US government that their presence in the United States would substantially benefit the national economy, cultural or educational interests, or welfare of the US in the future.
Processes and fees still to come
The gold card’s process has yet to be established by the Secretary of State and Secretary of Homeland Security, and administrative fees to cover the cost of expedited processing have not been outlined. The Secretary of Homeland Security, Secretary of State and Secretary of Commerce have ninety days to establish the procedures and law to enable aliens to apply for the program.
Anyone wishing to learn more about the program, either from an immigration perspective or as a local business looking to benefit from the addition of new skilled workers, is encouraged to reach out to MLT Aikins lawyer Jessica Jensen or another member of the MLT Aikins Immigration team.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.
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