15 January 2026
The U.S. immigration landscape continues to evolve, and USCIS has recently introduced guidance for a new filing option, Form I-140G, Immigrant Petition for the Gold Card Program, created pursuant to Executive Order 14351, commonly referred to as “The Gold Card.”
At VKM Law Group, we are closely monitoring this development. While the program has generated significant attention among global executives, entrepreneurs, and investors, it is important to understand what the Gold Card is, and is not, based on current USCIS guidance.
Because this is a newly announced framework, key questions remain regarding eligibility interpretation, adjudication standards, and how USCIS will apply existing legal criteria. Below is a clear breakdown of what we know so far and what prospective applicants should consider.
What Is the USCIS Gold Card Program?
The Gold Card Program does not create a new immigrant visa category. Instead, it introduces Form I-140G, which allows applicants to seek permanent residence under existing employment-based categories, specifically:
- EB-1A (Extraordinary Ability)
- EB-2 National Interest Waiver (NIW)
What distinguishes the Gold Card filing is an additional financial component: the petitioner must demonstrate the ability to make a large, unrestricted monetary gift to the U.S. Department of Commerce.
In other words, the Gold Card functions as a supplemental pathway layered on top of established EB-1A or NIW eligibility requirements.
The Required Monetary Gift: How Much Is It?
The amount of the required gift depends on who is filing the petition:
For individual applicants
- $1 million per person, including the principal applicant and each dependent seeking permanent residence
For corporate-sponsored filings
- $2 million for the principal beneficiary
- $1 million per dependent included in the Gold Card request
USCIS guidance specifies that this contribution must:
- Come from lawful sources
- Be unrestricted
- Not function as an investment or generate any financial return
This is a key distinction from other programs and requires careful financial and legal documentation.
Does Wealth Replace EB-1A or NIW Eligibility?
No.
Despite public speculation, USCIS instructions are explicit:
The Gold Card does not waive or replace the substantive legal standards of EB-1A or EB-2 NIW.
Applicants must still demonstrate:
- Extraordinary ability or exceptional ability
- Sustained professional achievement
- Evidence that their work benefits the United States or serves the national interest
Financial capacity alone is not sufficient. This has led to understandable confusion within the business immigration community, underscoring the importance of a thorough, case-specific legal analysis before filing.
Filing Fees and Costs
The filing fee for Form I-140G is:
- $15,000 per applicant (non-refundable)
This fee is separate from:
- The required monetary gift
- Immigrant visa processing fees
- Legal and consular expenses
Given the financial scope of the program, advance planning is critical.
What Happens After Petition Approval?
Once USCIS approves the I-140G petition and an immigrant visa number becomes available under the selected category:
- The applicant must complete consular processing abroad
- Upon entry to the U.S., the individual is admitted as a lawful permanent resident
At this time, USCIS has not confirmed whether adjustment of status will be available for applicants already in the United States. Further guidance is expected.
Key Considerations Before Pursuing the Gold Card
- Ability standards still apply
EB-1A and NIW requirements remain fully intact. - This is not an EB-5 alternative
Unlike EB-5, the Gold Card involves a gift, not an investment, and offers no financial return. - The financial commitment is significant
Between the required gift and filing fees, this pathway demands careful strategic evaluation. - Guidance is evolving
As with any new program, USCIS interpretations may shift as cases are adjudicated.
Who May Benefit from the Gold Card Program?
The Gold Card may be suitable for:
- High-net-worth individuals already close to qualifying under EB-1A or NIW
- Global business leaders, founders, and innovators
- Executives and specialists making measurable contributions to the U.S. economy
- Individuals exploring alternatives to traditional investor-based immigration options
Eligibility depends on merit and impact, not financial capacity alone, making professional legal review essential.
How VKM Law Group Can Help
At VKM Law Group, our immigration attorneys in New Jersey work closely with executives, entrepreneurs, and organizations navigating complex U.S. immigration pathways. With respect to the Gold Card Program, we assist clients by:
- Evaluating EB-1A or NIW eligibility under current USCIS standards
- Reviewing lawful source of funds and gift documentation
- Preparing and filing compliant Form I-140G petitions
- Advising on alternative immigration strategies when appropriate
If you are considering the Gold Card Program, our team can help determine whether it aligns with your professional goals and long-term U.S. immigration strategy.
Contact VKM Law Group today to schedule a confidential consultation with an experienced Immigration Attorney in New Jersey.