In September 2025, President Donald Trump signed an executive order launching the Trump Gold Card—a $1 million pathway to U.S. permanent residency. The order quickly became one of the most controversial developments in recent Trump immigration news, raising questions about legality, fairness, and the future of employment-based immigration.
For immigration lawyers, this new policy marks a dramatic shift toward wealth-based immigration—paired with another sweeping change: a new $100,000 H-1B fee.
This post draws from the latest Immigration Uncovered episode: Gold Card, H-1B Fee, and Electronic Payments, and breaks down the cost, eligibility requirements, and what lawyers need to know as DHS finalizes implementation.
What is the Trump Gold Card visa?
The Trump Gold Card visa, established by executive order on September 19, 2025, offers a path to U.S. permanent residency—commonly known as a green card—through a substantial financial “gift” to the U.S. government.
Unlike traditional visa programs, this initiative repurposes the EB-1 and EB-2 categories, allowing applicants to qualify based on monetary contribution rather than professional achievements.
“It’s like putting a for-sale sign on America,” said Divij Kishore, Founder of Flagship Law LLC and immigration attorney.
The administration has not yet published final application procedures, leaving many asking when the Trump Gold Card will be available.
How does the Trump Gold Card visa work?
The Trump Gold Card treats a financial “gift” as evidence of extraordinary ability (EB-1A) or national interest (EB-2 NIW). This contribution replaces traditional proof like publications, awards, or professional recognition.
Applicants will reportedly follow these steps:
Submit a $1 million or $2 million “gift” to a Department of Commerce fund.
Undergo DHS and USCIS vetting.
Obtain lawful permanent residency upon approval.
Attorney Divij Kishore explained: “The donation amount, this gift, is supposed to substitute for proof that a person has extraordinary ability.”
DocketWise co-founder and immigration specialist James Pittman added: “Perhaps the most unusual—and legally sensitive—aspect of the Trump Gold Card is that it does not create a new visa category through legislation.”
For those wondering how to buy the Trump Gold Card, the process will depend on the forthcoming federal implementation framework, which is expected to include payment verification, background checks, and potential family inclusion criteria.
How much does the Trump Gold Card cost?
The cost depends on who contributes:
Individual applicants: $1 million gift
Corporate sponsors: $2 million gift per employee
These amounts are categorized as “gifts” rather than fees, meaning they may not be refundable and could fall outside traditional fee oversight.
This raises key questions for attorneys advising clients—especially regarding financial transparency and potential exposure to fraud or mismanagement.
Legal and economic questions around the Trump Gold Card
Critics argue that the Trump administration’s immigration executive orders—including the Gold Card—overstep the authority of the executive branch. “Under the Immigration and Nationality Act (INA), only Congress can create new visa categories or substantially alter existing eligibility criteria,” noted James Pittman.
This raises significant separation of powers concerns. The order effectively reinterprets existing EB-1 and EB-2 visa categories, treating a financial “gift” as proof of extraordinary ability or national interest. Legal scholars believe this approach may trigger litigation over both statutory and constitutional grounds.
Key concerns include:
Violation of the separation of powers under the INA.
Redefinition of “extraordinary ability” through financial contribution rather than merit or skill.
Lack of refund mechanisms or oversight for the Department of Commerce fund holding the “gifts.”
Potential crowding out of existing EB-1 and EB-2 applicants, particularly from high-demand countries such as India and China.
Economic implications are equally complex. Proponents view the Trump Gold Card as a potential source of significant federal revenue, but opponents warn it creates a two-tiered immigration system—one where wealth outweighs achievement. Skilled professionals who cannot afford the $1 million price tag could face longer wait times or diminished opportunities under existing visa programs.
Many immigration advocates also fear that shifting the focus from talent to capital will undermine the merit-based structure that has historically shaped U.S. immigration. The result could be a decline in America’s ability to attract global talent, as skilled workers turn to countries with more predictable, achievement-focused pathways such as Canada or Australia.
The Trump Gold Card represents more than a new policy—it reflects a philosophical shift in how the United States defines merit and access. This approach blends immigration with investment strategy, leaving legal experts and practitioners questioning how it fits within the framework of the INA and whether it can withstand judicial scrutiny.
The $100K H-1B fee: A parallel policy shift
Alongside the Trump Gold Card announcement, President Trump also issued a proclamation imposing a $100,000 H-1B fee for each petition filed by U.S. employers. Framed to “prioritize American workers” and reduce dependency on foreign labor, the new requirement has quickly become one of the most controversial components of the administration’s immigration agenda.
For most employers, the H-1B visa already carries significant costs—including filing fees, legal expenses, and compliance requirements. Adding a $100,000 charge per filing would effectively price out small and mid-sized businesses and sharply reduce the use of H-1B talent across sectors like tech, healthcare, and engineering.
Immigration attorneys warn that this approach could backfire economically by creating massive barriers for employers who rely on highly skilled international professionals.
“When you tell someone to pay a $100,000 fee on a professional they're already employing, that immediately makes it almost impossible for them to continue to employ that professional,” said Divij Kishore.
This proclamation, paired with the Trump Gold Card, underscores a broader shift toward wealth-based immigration policy. While the Gold Card rewards high-value contributions to the federal government, the new H-1B fee penalizes employers for sponsoring skilled workers. Together, they signal an ideological move from employment-based merit systems toward capital-based entry.
Attorneys are closely monitoring DHS and Department of Labor updates for details on what the $100k fee for H-1B covers—including whether it will apply to renewals or amendments—and when the H-1B $100k fee will start, currently projected for enforcement in early 2026. In the meantime, immigration lawyers are advising employers to plan for potential cost increases, reevaluate their hiring strategies, and watch for agency guidance clarifying compliance obligations.
Impact on immigration practice and employers
Together, the Trump Gold Card and H-1B fee mark a profound shift in how U.S. immigration policy values applicants—by wealth rather than skill. This dual policy is already reshaping employer strategies and law firm caseloads.
Navigating unclear policy implementation
The Trump Gold Card executive order was announced before any formal rulemaking or published USCIS guidance, leaving significant gaps in understanding how the policy will function. For immigration attorneys, this means operating in a period of uncertainty where interpretation and enforcement may evolve rapidly.
Without clear adjudicatory standards, lawyers may encounter inconsistent decisions across field offices or visa processing centers. For instance, it remains unclear whether DHS will require standard background checks, source-of-funds verification, or family eligibility documentation similar to EB-5 cases.
Attorneys should prepare clients for shifting timelines, additional evidence requests, and even the possibility of program suspension or modification as litigation unfolds.
Conservative advising remains the safest approach until DHS and USCIS issue formal implementing regulations. Immigration firms should also document every client interaction regarding the Trump Gold Card to demonstrate compliance diligence in the event of reversals or audits.
As other immigration policy changes continue to unfold, it’s worth noting that USCIS is also moving to phase out paper checks for filing fees, signaling a broader modernization effort across agency operations.
Managing client concerns and misinformation
Almost immediately after the Trump Gold Card announcement, misinformation spread online—most notably claims that it allows individuals to “buy U.S. citizenship.” This misunderstanding has led to a surge in client inquiries, especially from foreign nationals desperate for expedited residency.
Immigration lawyers play a critical role in correcting this narrative. It’s important to clarify that the Trump Gold Card offers a path to permanent residency, not citizenship. Applicants must still undergo the naturalization process like any other green card holder.
To manage client expectations and ease concerns, firms can:
Send periodic email updates or newsletters summarizing verified information from DHS, USCIS, or the Federal Register.
Use secure client portals to share FAQs or clarifications tailored to specific visa types.
Train intake staff to identify and educate clients influenced by misleading media or unofficial sources.
This proactive approach not only protects clients from predatory schemes but also builds trust—reinforcing the attorney’s role as a reliable authority amid fast-moving immigration policy from the Trump administration.
Balancing compliance risk and business pressure
As high-net-worth individuals and corporations express interest in the Trump Gold Card, attorneys may face mounting pressure to act quickly—especially from business clients eager to sponsor employees or investors before potential program limits are imposed.
However, without finalized implementation rules from DHS and the Department of Commerce, even preliminary applications could expose clients to unnecessary legal and financial risk. The “gift” classification of the contribution, for instance, raises questions about refundability, tax implications, and compliance with existing foreign investment laws.
Lawyers should advise clients to wait until clear procedures, forms, and agency guidance are published in the Federal Register. In the meantime, firms can:
Develop internal compliance checklists based on EB-1A and EB-2 NIW frameworks.
Maintain documentation demonstrating informed consent and acknowledgment of uncertainty.
Monitor the Federal Register and official USCIS channels for any updates on when the Trump Gold Card will be available.
Balancing business urgency with regulatory caution is difficult, but it’s also what sets trusted immigration counsel apart. By grounding advice in legal precedent and transparent communication, firms can help clients pursue opportunities responsibly while safeguarding against future enforcement risks.
What comes next for U.S. immigration policy
The Trump Gold Card visa and the $100K H-1B fee signal a move toward monetizing U.S. immigration. While supporters see an opportunity to fund economic growth, critics argue it commodifies access to residency and undermines merit-based systems.
For immigration attorneys, adaptability is key. As these policies evolve, firms will need to stay informed, transparent, and client-focused. Firms using immigration-specific case management platforms like 8amTM DocketWise can track these updates efficiently and ensure accurate client communication. Book a demo today.
To dive deeper, listen to the full Immigration Uncovered episode on the Trump Gold Card, H-1B Fee, and Electronic Payments.
About the author
Michael MielloContent Writer
