Gold Card Program Faces Legal Challenge

The Trump administration’s “Gold Card” visa program, which lets ultra-wealthy immigrants obtain permanent U.S. residency in exchange for a $1 million gift, is now the target of a federal lawsuit challenging its legality.

The lawsuit filed by the American Association of University Professors argues that the program is unlawful, claiming it violates the Administrative Procedure Act, the Immigration and Nationality Act, and was implemented without statutory authority.

Instead of calling on Congress to establish a new visa category, President Trump unilaterally created the Gold Card program by executive order. The order instructs federal agencies to utilize visa numbers from the existing EB-1 “extraordinary ability” and EB-2 “exceptional ability” green card categories, which have been specifically reserved by Congress for highly skilled individuals at the top of their field.

Under the Gold Card program, a $1 million payment by an individual—or $2 million paid by a corporation on their behalf—is treated as proof that the applicant satisfies the EB-1 or EB-2 visa criteria.

The Association argues that these actions undermine long-standing immigration law and exceed the government’s statutory authority by diverting opportunities from merit-based candidates under the traditional EB-1 and EB-2 pathways to permanent residency.

The heart of the challenge is that under the Gold Card model, affluent applicants would consume the limited number of visas that would otherwise go to individuals of exceptional or extraordinary ability such as scientists, doctors, engineers, and other highly skilled professionals.

Because demand for EB-1 and EB-2 visas already far exceeds supply, the lawsuit argues that allocating these visas to paid applicants denies opportunities for others who are among the most talented professionals and meet the criteria under the existing visa categories.

The result is longer waiting times, extended temporary status, and increasing uncertainty for qualified immigrants applying through the traditional EB-1 and EB-2 pathways.

The Bottom Line

The lawsuit asks the court to declare the gold card program unlawful and halt its continued operation. If granted, it could prevent any further implementation or enforcement of the program pending litigation.

The Law Offices of Jacob Sapochnick is carefully monitoring the impact of this lawsuit and any related policy changes. We will provide further information as it becomes available.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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