A federal lawsuit filed on February 3, 2026, in the U.S. District Court for the District of Columbia is now challenging the legality of the Gold Card immigration program.
For individuals considering applying under the Gold Card pathway, this development introduces new uncertainty that should be carefully evaluated before proceeding.
What Is Being Challenged?
The Gold Card Program was created through Executive Order 14351 in September 2025. It relies on existing employment-based immigrant visa categories — specifically EB-1A and EB-2 National Interest Waiver (NIW) — rather than creating a new visa category through Congress.
The lawsuit argues that:
- Congress has exclusive authority over immigration quotas and visa allocation.
- The executive branch cannot prioritize applicants based primarily on financial contribution.
- Using EB-1 and EB-2 categories for donation-based processing conflicts with statutory intent.
- The program may increase visa backlogs for traditional EB-1A and EB-2 NIW applicants.
The plaintiffs are asking the court to declare the program unlawful and to stop further implementation.
Why This Matters for Applicants
The Gold Card program has been marketed as a fast-track pathway to permanent residence based largely on financial contribution.
However, this lawsuit raises important questions:
- Could the program be paused while litigation proceeds?
- Could previously filed cases be delayed?
- Could approvals later face legal scrutiny?
- Will visa availability be affected for traditional EB-1 and EB-2 applicants?
While the program remains active at this time, litigation introduces risk that applicants must weigh carefully.
Impact on EB-1 and EB-2 Visa Categories
Historically, EB-1A and EB-2 NIW categories have been reserved for individuals who demonstrate:
- Extraordinary ability
- Exceptional professional achievement
- Significant national interest contributions
Demand in these categories is already high, particularly for applicants born in China and India.
The lawsuit argues that inserting Gold Card applicants into these capped categories could extend waiting times for merit-based applicants.
If the court agrees, adjustments to how the program operates may follow.
What Happens Next?
At this stage:
- The program has not been suspended.
- No court injunction has yet been issued.
- DHS continues processing applications.
However, litigation could result in:
- Program modification
- Temporary suspension
- Narrowed eligibility
- Additional regulatory guidance
Investors should understand that executive programs may carry more policy volatility than congressionally enacted visa categories.
Gold Card vs Established Immigration Options
| Feature | Gold Card Program | EB-1 / EB-2 (Traditional) | EB-5 Investor Program |
| Created by Congress | No | Yes | Yes |
| Legal Stability | Uncertain (under litigation) | Established | Established |
| Primary Basis | Financial contribution | Merit-based qualifications | Capital investment in U.S. enterprise |
| Visa Cap Impact | Uses EB categories | Capped annually | Capped annually |
| Litigation Risk | Active lawsuit | Low | Low |
Frequently Asked Questions
Is the Gold Card program currently suspended?
No. As of now, it remains active while litigation proceeds.
Could the court stop the program?
Yes. The plaintiffs have requested that the court set aside DHS guidance and halt implementation.
Should investors withdraw pending applications?
That decision depends on individual risk tolerance and alternative eligibility options.
Does this lawsuit affect traditional EB-1 or EB-2 applicants?
Not directly at this time, but the lawsuit claims those applicants may be indirectly affected by visa allocation changes.
Is EB-5 affected by this lawsuit?
No. The lawsuit targets the Gold Card structure, not EB-5.
Risk Considerations for Prospective Applicants
Applicants considering the Gold Card should evaluate:
- Timing of filing
- Availability of alternative visa categories
- Long-term policy stability
- Financial non-refundability concerns
- Possible delays if litigation expands
Executive-created programs can move quickly — but they can also change quickly.
Final Thoughts
The Gold Card Program remains active, but the newly filed federal lawsuit introduces legal uncertainty that cannot be ignored. Investors should carefully assess both the benefits and the potential risks before proceeding.
For some applicants, traditional employment-based or investor-based immigration pathways may offer greater long-term stability.
How NPZ Law Group Can Help
NPZ Law Group assists clients with:
- Evaluating Gold Card eligibility and litigation risk
- Comparing EB-1, EB-2, and EB-5 options
- Monitoring visa bulletin movement
- Structuring long-term immigration strategies
Each case requires individualized analysis.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.