Legal experts warn that applicants who pay $1 million for President Trump’s new “gold card” to fast-track EB-1/EB-2 visas could lose that money if courts find the program unlawful because Congress never authorized it. Lawyers say victims would likely have to sue to recover funds, and successful challenges could result in revoked citizenship or jeopardized traditional visa approvals. Critics also caution the program could increase fraud risk by bypassing standard legal safeguards; the administration also proposed a $5 million “platinum card” with tax benefits.
Legal Risks for Applicants of Trump’s $1M ‘Gold Card’: Experts Warn of Million-Dollar Gamble
Demetrius Freeman/The Washington Post via Getty Images
Legal experts are warning wealthy foreigners who pay $1 million to use President Trump’s newly announced “gold card” to fast-track EB-1 or EB-2 U.S. visas may face steep financial and legal risks if courts later declare the program unlawful, Axios reports.
What the Program Proposes
The administration’s plan lets affluent applicants who clear a background check apply for EB-1 or EB-2 visas—categories normally reserved for individuals with “extraordinary ability”—after paying $1,000,000 plus a $15,000 processing fee to the Department of Homeland Security. The government also floated a $5 million “platinum card” that would allow holders to spend up to 270 days in the U.S. while receiving tax benefits on non-U.S. income.
Donald Trump shows off a prototype of his gold card on Air Force One in April. / Mandel Ngan/AFP via Getty Images
Legal Concerns and Potential Consequences
Immigration lawyers say federal courts could rule the gold card unlawful because Congress did not authorize this route to permanent residency. If courts strike down the program, applicants who paid the $1 million could face a difficult fight to recover their money.
Shev Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association, told Axios: “At the very minimum, they’d have to sue the U.S. government to get it back.”
Dalal-Dheini and other experts also warned of other high-stakes risks: successful legal challenges could lead to revocation of any granted citizenship, and applications submitted through the gold card route might jeopardize approvals for EB-1 or EB-2 petitions filed through traditional channels.
The president announced the launch of the Trump Gold Card scheme on Wednesday. / Screengrab/Truth Social
Fraud and Safeguards
Shira Levine, deputy legal director at the Immigration Institute of the Bay Area, said the program’s bypassing of standard procedures could increase the risk of fraud and misinformation because it does not ensure applicants receive accurate guidance or access to legitimate legal counsel.
“There are not steps made to make sure people receive accurate information and have access to legitimate counsel,” Levine told Axios. “We’ve created a system where people don’t know what the law is, and everyone has to guess what the Trump admin and his appointees say the rule is, rather than what it actually is.”
Administration Response
White House spokesperson Kush Desai defended the plan, saying the administration’s goal is to attract “the best and brightest who can contribute to our country.” Desai added that the administration is focused on ensuring immigrants can contribute to the United States and follow its laws.
The program was launched on Wednesday and is expected to face legal scrutiny and likely litigation in the months ahead. Experts advise potential applicants to consult qualified immigration counsel and weigh the risks before participating.
Reporting: Axios.
