The New US Gold Card And What It Means For EB Visas

The gold card is a welcome addition to the EB1 and EB2 category, opening the door to many people who could contribute to the US economy.

Harvey Law Group addresses questions about the future of US employment-based visas in the wake of the new gold card program.

MIAMI, FL, UNITED STATES, September 25, 2025 /EINPresswire.com/ -- US President Donald Trump's announcement of a new “gold card” program for immigrant visas raised many questions and concerns about the future of EB1 and EB2 visa categories, including the EB2 National Interest Waiver (NIW) program that many pilots, Aircraft Maintenance Engineers (AMEs) and Science, Technology, Engineering and Mathematics (STEMs) professionals rely on.

"At HLG, we want to emphasize that the EB programs remain in effect, and any changes - the full extent of which is still unclear - will likely take many years to materialize," said Jean-François Harvey, Global Managing Partner at Harvey Law Group (HLG), a leading immigration law firm specializing in worldwide residency and citizenship by investment (RCBI) solutions.

"We encourage applicants not to be concerned or rush with their immigration process at this time," Harvey added.

WHAT DO WE KNOW ABOUT THE NEW GOLD CARD?

On September 19, President Trump issued an Executive Order titled “The Gold Card” to facilitate the entry of foreigners "who have demonstrated their ability and desire to advance the interests of the United States by voluntarily providing a significant financial gift to the Nation.”

Under the proposed program, individual applicants will be able to obtain permanent US residency for a gift of USD 1 million to the USA, while companies making a gift on behalf of an individual will have to pay at least USD 2 million.

For a gift of USD 5 million, applicants will obtain a "Platinum Card," allowing its holders to spend up to 270 days per year in the USA without being subject to US taxes on non-US income.

"The new program is a welcome addition to the EB1 and EB2 category as it opens up possibilities to many people who could contribute to the US economy - not only with the gift payment, but also with their expertise and know-how," Harvey said.

"As is often the case with immigration law, the secret is in the fine print and we should see in the next 90 days what the gold card program will truly look like," Harvey added.

Legislation or guidelines that would authorize the new program and define its requirements, benefits, or limitations are yet to be introduced. Relevant authorities have 90 days to implement the Executive Order. For the time being, prospective applicants can register their interest with the US government on the new program's official website.

WILL IT AFFECT EB1 AND EB2 PROGRAMS - AND WHEN?

Potential changes to the prestigious, employment-based EB1 (nicknamed the "Einstein Visa") and EB2 categories would likely take many years to come into effect, as they require legislative amendments that historically take Congress several years to pass. Regulatory guidance and agency implementation of the new law would likely take some additional time.

For now, both EB1 and EB2 programs remain open to applications. The wording of the new gold card program suggests immigration authorities intend to integrate the gold card “gifts” through existing immigration mechanisms rather than eliminating current law. Notably, the Executive Order stipulates that:

“In adjudicating visa applications, the Secretary of State and the Secretary of Homeland Security shall, consistent with applicable law, treat the gift specified in subsection (a) of this section as evidence of eligibility under 8 U.S.C. 1153(b)(1)(A), of exceptional business ability and national benefit under 8 U.S.C. 1153(b)(2)(A), and of eligibility for a national-interest waiver under 8 U.S.C. 1153(b)(2)(B).”

This means the gold card could be considered sufficient proof of eligibility in categories including the NIW, offering potential alternatives rather than cancellations.

WHAT DOES IT MEAN FOR YOU IF YOU ARE AN EB1 OR EB2 APPLICANT?

- Your EB1 and EB2 NIW application and status remain valid and active.
- No immediate action is required from you regarding your current visa process.
- As a new applicant, you can still apply for both categories.
- It will take time for any new rules or changes to be implemented - could be up to several years.

ABOUT HARVEY LAW GROUP

Founded in 1992, Harvey Law Group is a premier multinational law firm specializing in immigration and business law. HLG has helped over 500 pilots and family members achieve their goals through the EB2 NIW for pilots. With over 20 offices globally, HLG is dedicated to providing trusted legal counsel and seamless, future-ready solutions for a diverse clientele, including entrepreneurs, skilled professionals, families, and international corporations.

For more information, visit www.harveylawcorporation.com

Jean François Harvey
Harvey Law Group
+852 2116 1333
contact@harveylawcorporation.com
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