Trump Gold Card: $1 million won't speed up green cards for Indians

Trump's $1 million Gold Card promises fast US residency, but lawyers say Indians still face EB-1 and EB-2 backlogs, with no real advantage

The pathway to US citizenship promoted by President Donald Trump was formally rolled out earlier this month, following months of speculation. Branded as the ‘Gold Card’, the programme promises legal residency, commonly known as a green card, in exchange for a payment of $1 million, or about ₹9.044 crore.

 

Trump described the initiative as a route for wealthy individuals to secure US residency quickly. For affluent Indians and their families, however, immigration lawyers say the offer comes with steep costs and few real benefits.

 

What is Trump’s Gold Card?

 

The Gold Card has been pitched as an alternative to existing investor visas, under which foreign nationals were required to invest $1 million in US businesses and create at least 10 jobs. Under the new scheme, applicants must instead make a $1 million contribution directly to the US government.

 

According to the programme’s website, applicants must also pay a $15,000 processing fee to the Department of Homeland Security. After background checks, they are told they will receive US residency “in record time”. Companies can also sponsor foreign-born workers under the scheme, provided they contribute $2 million, or about ₹18.088 crore.

 

New York–based immigration attorney Cyrus D Mehta explained how the programme has been structured under existing law.

 

“Trump’s Gold Card is an amazing feat in executive legerdemain,” Mehta wrote in a blog post. “Although Congress has not explicitly authorised it, the Gold Card has been cleverly appended to the employment-based first preference (EB-1) and second preference (EB-2) categories through executive order.”

 

Mehta said the payment is treated as a “gift” to the United States under US law, with applicants required to file a new I-140G petition to show eligibility either under the EB-1 extraordinary ability category or the EB-2 exceptional ability or national interest waiver category. 

 

How do EB-1 and EB-2 visas work?

 

The EB-1 visa is reserved for priority workers, including people with extraordinary ability in sciences, arts, education, business, or athletics, as well as outstanding professors, researchers, and multinational executives.

 

The EB-2 visa is for foreign nationals with advanced degrees or those of exceptional ability. It also includes applicants seeking national interest waivers.

 

Why do experts say the Gold Card fails Indians?

 

Despite the headline promise, immigration experts point out that the Gold Card does not create a new visa category or grant automatic permanent residency.

 

Trump’s proposal places applicants squarely within the existing EB-1 and EB-2 systems. There is no fast-track, no separate quota, and no priority over other applicants once the petition is filed.

 

Families face even higher costs. Spouses and children under 21 must each be covered by an additional $1 million contribution, along with a separate $15,000 processing fee per family member.

 

The larger obstacle, lawyers say, lies in long-standing backlogs. 

 

US law limits the total number of green cards issued annually to 140,000. Each country is capped at 7 per cent of the total, a rule that has led to severe delays for Indian nationals.

 

At present:

 

< EB-1 is processing applications filed on or before April 2023

< EB-2 for India is reviewing applications filed on or before May 15, 2013

 

This means EB-1 applicants face waits of several years, while EB-2 applicants may wait decades.

 

Why immigration lawyers warn Trump’s Gold Card is no gold

 

“Donald Trump’s proposed Gold Card does not create a new immigration pathway for Indian citizens, nor does it offer any real relief from long-standing US green card backlogs,” wrote Prashant Ajmera, founder of Ajmera Law Group in a post on LinkedIn.

 

“Applicants would be required to pay a non-refundable $1 million to the US Treasury, along with roughly $15,000 in additional fees. A higher-priced $5 million ‘Platinum’ option is also being discussed, which may carry certain tax benefits, but it still routes applicants through the same EB-1 or EB-2 categories,” he said.

 

Ajmera said the core problem remains unchanged. “Paying $1 million does not override per-country quotas or congressional visa caps, and there is no mechanism that allows applicants to jump the queue. In effect, the programme demands an outlay of roughly ₹8–9 crore without offering any advantage over standard merit-based routes,” he said.

 

He also pointed out that, unlike the EB-5 investor visa, the Gold Card does not involve an investment that can generate returns or create jobs. “The payment is non-refundable. It is a pure fee rather than an economic contribution,” Ajmera said.

 

What compliance and legal risks do Indians face?

 

Ajmera warned that applicants may face close scrutiny over how funds are sourced. “Applicants are likely to be asked for detailed tax returns, bank records, and proof of compliance with RBI remittance rules,” he said.

 

“With no official USCIS checklist released so far, the lack of clarity adds legal and financial risk, particularly given the heightened examination of large remittances from India,” he added.

 

Mehta also flagged the risk of legal challenges. “The Gold Card will not be immune to challenges in federal court that it was issued without Congressional authorisation,” he said.

 

“If a court blocks the programme, applicants may not get their money back. Another president can rescind the Gold Card as well,” Mehta said, adding that litigation could keep the scheme alive for years if courts consider the reliance interests of applicants.

 

“Buyers of Trump’s Gold Card should take the plunge with their eyes wide open — that is if they can afford spending and even throwing away $1 million and more,” Mehta said.

 

Ajmera put it more bluntly. “Bottom line is wealthy Indians, save your $1 million,” he said.