President Donald Trump’s flashy “Gold Card” visa program, pitched earlier this year as a fast-track path for wealthy foreigners to gain U.S. residency, appears to be stalled with no legal path forward.
Back in April, Trump unveiled a sleek, metallic visa prototype aboard Air Force One, touting it as a game-changing immigration plan: a $5 million “Gold Card” that would grant expedited entry into the U.S. for affluent applicants. At the time, Trump said the program could launch in “less than two weeks,” and by June, an official sign-up website had gone live.
But as of now, the initiative remains in limbo.
Legal Experts: Gold Card Visa Has No Legal Standing
According to The Washington Post, the proposal has hit a major snag: there’s no legal authority for the president to unilaterally create a new visa category. No legislation supporting the Gold Card has been introduced in Congress, and immigration lawyers warn that any attempt to bypass existing law would almost certainly be struck down in court.
“There’s no lawful basis to do this. If they try, they’re going to get sued—and they’ll almost certainly lose,” said Doug Rand, a former senior adviser to U.S. Citizenship and Immigration Services.
Howard Lutnick, the Commerce Secretary spearheading the effort, has floated the idea of using the Gold Card to replace or reshape the EB-5 investor visa program, which already allows foreigners to gain green cards in exchange for investment. But experts caution that skipping the line over existing visa backlogs could trigger legal and political backlash.
“I’m very dubious it can be done without an act of Congress,” said George Fishman, a legal fellow at the Center for Immigration Studies and former DHS official in the Trump administration.
Public Interest Is High, But Details Remain Murky
Despite the legal hurdles, the idea has generated significant interest. More than 70,000 people have signed up for updates on the Gold Card website. However, immigration attorneys are urging caution.
“Why would I advise a client to invest $5 million when there’s no law, no clear process, and no guarantees?” said Ron Klasko, a prominent immigration lawyer.
No applications have been accepted or processed so far.
Lutnick claimed the program could generate enough revenue to eliminate the federal deficit, but that would require selling millions of Gold Cards—an ambitious and legally unsupported target.
Critics Slam ‘Selling U.S. Residency’ Optics
Beyond the legal concerns, critics say the optics of the plan are troubling. Immigration experts point to a global trend of countries backing away from similar “golden visa” programs due to backlash over wealth-based immigration.
“There’s been a growing backlash to the idea of selling residency or citizenship,” said Kate Hooper of the Migration Policy Institute. “It raises serious questions about fairness, national security, and public perception.”
FAQs
What is the ‘Gold Card’ visa?
It’s a proposed $5 million visa for wealthy foreigners, pitched by Trump as a fast-track alternative to traditional investor visas.
Can a president create a visa without Congress?
No. Visa categories must be approved by Congress, and no supporting legislation has been introduced.
Is the Gold Card replacing the EB-5 visa?
There has been discussion, but no legal change has occurred. The EB-5 remains active.
Has anyone received a Gold Card?
No. As of late June, no applications have been approved or formally submitted.
Trump’s proposal may have made headlines, but for now, it remains more political show than immigration policy.
