USCIS has released instructions for a new filing option, Form I-140G, Immigrant Petition for the Gold Card Program, created under Executive Order 14351 (“The Gold Card”). This program introduces a unique pathway that allows certain high-net-worth individuals to request permanent residence under an employment-based category.
Because the program is brand new, many questions remain about how USCIS will interpret eligibility, how adjudications will work, and how this process differs from other immigrant investor pathways such as EB-5. Below is a clear explanation of what USCIS has published publicly so far.
What Is the Gold Card Program?
Form I-140G allows a petitioner to request a green card under one of two existing categories:
• EB-1A – Extraordinary Ability
• EB-2 NIW – Exceptional Ability With a National Interest Waiver
This means the Gold Card Program does not replace the traditional EB-1A or NIW categories. Instead, it adds a new requirement: the petition must show the applicant has the funds to make a large, unrestricted monetary gift to the U.S. Department of Commerce.
How Much Is the Required Gift?
The required amount depends on who is filing:
If filing as an individual:
- $1 million per person (principal + each dependent).
If filed by a corporation on behalf of an individual:
- $2 million for the principal beneficiary, and
- $1 million per dependent also seeking a Gold Card.
This gift must come from lawful sources and must be unrestricted, meaning it is not an investment that produces a return.
Does the Gift Alone Qualify Someone for EB-1A or NIW?
No.
Even though there is public discussion about whether wealth could substitute for evidence of extraordinary or exceptional ability, USCIS instructions make it clear that:
- Applicants must still meet all existing EB-1A or NIW criteria.
- Evidence of achievement, expertise, and national interest is still required.
Some attorneys in the business immigration community have expressed confusion or skepticism about how the new “gift” requirement interacts with longstanding ability standards, reinforcing the need for careful legal analysis for each case.
What Is the Filing Fee?
The filing fee for Form I-140G is:
$15,000 per person — non-refundable
This fee is separate from the required monetary gift and all consular processing costs.
What Happens After Approval?
Once the petition is approved and an immigrant visa number is available under the selected category, the applicant must complete consular processing abroad to obtain an immigrant visa and enter the U.S. as a lawful permanent resident.
Future USCIS guidance may clarify whether adjustment of status will be available for applicants inside the United States.
Key Considerations for Potential Applicants
1. EB-1A or NIW standards still apply.
The program does not waive ability requirements.
2. This is not EB-5.
EB-5 is an investment-based program. The Gold Card requires an unrestricted gift with no return.
3. The financial commitment is substantial.
Between the gift and the filing fees, careful planning is essential.
4. Expect evolving guidance.
As with many new programs, interpretations may shift over time.
Who Might Benefit From the Gold Card Program?
This program may attract:
- High-net-worth individuals already close to meeting EB-1A or NIW criteria
- Global business leaders
- Innovators, founders, or specialists contributing to the U.S. economy
- Individuals evaluating alternative pathways to permanent residence
Because eligibility still depends on ability—not just resources—legal review is essential.
How NPZ Law Group Can Help
Our team is monitoring this new program closely and can assist with:
- Assessing whether you qualify for EB-1A or NIW
- Reviewing financial documentation and gift requirements
- Preparing a compliant Form I-140G filing
- Evaluating alternative immigration pathways
If you are considering the Gold Card Program, contact us to discuss whether it aligns with your long-term goals.
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.