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Pay $1 million ( Rs 8.5 cr), skip the queue? Inside the US Gold Card gamble

Its practical value also depends heavily on how Gold Card filings interface with existing employment-based immigrant visa categories

US Visa

The Executive Order establishing the Gold Card contains a single, defining requirement: a USD 1,000,000 gift to the U.S. Department of Commerce.

Sunainaa Chadha NEW DELHI

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The United States has quietly introduced one of its most radical immigration ideas in decades: the US Gold Card, a donation-based pathway promising expedited access to permanent residence in exchange for a $1 million contribution to the US government.
 
For global investors used to “golden visas” in Europe, the Middle East, or the Caribbean, this sounds familiar. But in the US context, it is anything but routine. The Gold Card is not the result of a new law passed by Congress. Instead, it has emerged through executive action, making it fast, flexible—and legally uncertain.
 
So what does this really mean for wealthy families, entrepreneurs, and global citizens planning their next move?
 
 
Let’s break it down.
 
What Exactly Is the US Gold Card?
 
At its core, the Gold Card is simple in concept:
  • Requirement: A non-refundable $1 million “gift” to the US Department of Commerce
  • Promise: Accelerated access to lawful permanent residence (green card–like status)
  • Target audience: High-net-worth individuals and globally mobile entrepreneurs
 
Unlike the traditional EB-5 investor visa, the Gold Card does not explicitly require job creation, business investment, or regional development projects—at least as currently framed. That simplicity is precisely what has captured global attention.
 
But here’s the catch: simplicity does not equal certainty.
 
Why Is This Such a Big Departure for the US?
 
To understand why the Gold Card matters, you need context.
 
The last time the US created entirely new immigration pathways through legislation was 1990. Since then, immigration reform has largely stalled in Congress. Instead, successive administrations have relied on executive tools—temporary protections, humanitarian parole, deferred action—to patch gaps.
 
The Gold Card goes much further.
 
Rather than adjusting an existing visa category, it effectively creates a new route to permanent residence without congressional approval. That puts it on constitutionally thin ice.
 
"The last time Congress enacted legislation creating entirely new immigrant visa categories or permanent immigration pathways was with the Immigration Act of 1990. That statute established — or fundamentally reshaped — many of the programs that continue to define the US immigration system today, including the EB-5 Immigrant Investor Program, the Diversity Immigrant Visa Program, and several employment-based classifications. In the more than three decades since, congressional action has largely been confined to incremental adjustments, visa number reallocations, and enforcement-focused measures, rather than the creation of new routes to permanent residence.
 
In the absence of sustained legislative reform, executive action has increasingly filled the void. Successive administrations have relied on executive authority to address humanitarian relief, work authorization, and temporary protection. These efforts have included the creation of Deferred Action for Childhood Arrivals, attempted expansions such as Deferred Action for Parents of Americans, repeated redesignations of Temporary Protected Status, broad use of parole authority, and more recently, large-scale humanitarian parole initiatives. While controversial, these measures generally operated within existing statutory frameworks and stopped short of creating new, permanent immigration pathways," said George Ganey, the founding partner at Ganey Law Group in a the 2026 Global Mobility Report released by Henley and Partners last week. 
 
The Gold Card departs from this pattern. Rather than adjusting eligibility criteria, deferring enforcement, or expanding discretionary relief within established categories, it effectively proposes a new route to lawful permanent residence through executive action alone. 
 
Why Wealthy Global Investors Are Paying Attention
 
Despite the uncertainty, interest is real—and growing.
 
Here’s why the Gold Card resonates with certain investors:
 
Speed Over Structure: For investors frustrated by multi-year backlogs in US employment visas—especially those from India or China—the promise of a faster route is appealing.
 
No Business Headaches: Unlike EB-5, there’s no visible requirement to run a business, hire employees, or meet job-creation thresholds.
 
Strategic Positioning: Some investors view the Gold Card less as a finished product and more as early entry into a system in transition—a calculated bet that rules may evolve in their favour.
 
For ultra-high-net-worth families, optionality itself has value.
 
"Investor psychology also plays a critical role. Early interest reflects a willingness to accept elevated risk in exchange for proximity to an emerging framework. For some applicants, the Gold Card is not viewed as a finalized product but as a form of strategic positioning within a system visibly in transition. In periods of structural realignment, access to evolving processes can carry value independent of certainty," said Ganey.
 
Where the Risks Start to Surface
 
This is where the Gold Card demands caution.
 
It Can Be Reversed: Because it is rooted in executive authority, the Gold Card can be paused, modified, or scrapped by a future administration—with little notice.
 
For families planning education, taxation, and long-term residence, that lack of permanence is a serious drawback.
 
 Visa Backlogs May Still Apply: If Gold Card approvals ultimately draw from existing employment-based visa quotas (EB-1 or EB-2), applicants from backlog-heavy countries may still face long waits—undermining the very promise of speed.
 
"Its practical value also depends heavily on how Gold Card filings interface with existing employment-based immigrant visa categories. To the extent that Gold Card applicants must draw visa numbers from EB-1 or EB-2 classifications, existing immigrant-visa backlogs become directly relevant. For individuals born in countries such as India or China, where significant backlogs already persist, the Gold Card’s central promise of speed may be substantially diluted," noted Ganey.
 
Family Coverage Is Unclear
 
Will spouses and children qualify automatically, as they do under most US immigration categories? Or will separate donations be required? If it’s the latter, the program could conflict with established US immigration law—opening it to legal challenge.
 
The Legal Questions No One Has Fully Answered
 
The Gold Card raises serious constitutional and administrative concerns:
  •  
  • Can the executive branch condition permanent residence on a million-dollar payment without Congress?
  • Is this a “fee” or a revenue-raising mechanism—and who has authority over that?
  • Why was there no public rulemaking or consultation?
 
Legal experts expect challenges under:
 
The US Constitution (Article I – revenue powers)
 
The Administrative Procedure Act
 
Equal treatment and arbitrariness principles
 
In other words, litigation is not a question of if, but when.
 
How This Fits Into a Bigger Global Shift
 
The Gold Card is not happening in isolation. 
Around the world, immigration is becoming more transactional, strategic, and interest-driven. Countries are increasingly treating residence and citizenship as tools of economic statecraft.
 
The US Gold Card is best understood as:
 
A signal that America, too, is experimenting with wealth-based mobility—on its own terms.
 
Whether it survives in its current form is uncertain. But the direction of travel is clear.
 
What Should You Do If You’re Considering It?
If you are a high-net-worth individual:
 
Treat the Gold Card as experimental, not guaranteed
 
Avoid making irreversible financial or relocation decisions based on it alone 
Compare it with established alternatives in Europe, the Gulf, and Asia 
"For high-net-worth individuals, advisors, and policymakers alike, the implication is clear: immigration policy is becoming another instrument of statecraft — shaped by speed, discretion, and strategic value rather than inherited systems. The Gold Card is not the destination. It is the signal that the rules governing access to the USA are being rewritten," said Ganey. 
   

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First Published: Jan 20 2026 | 12:42 PM IST

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