EB-5 Immigration Program & "Gold Card" – Opportunities and Reality
Immigrating to the U.S. through investment has always been a topic of great interest among international investors. Recently, the proposed "Gold Card" program by U.S. President Donald Trump has drawn significant public attention. How does this program differ from the traditional EB-5 investment program? Is it truly a legal pathway to obtaining a U.S. Green Card? Let's explore the details in this article.
"Gold Card" Program – Reality or Just a Proposal?
On February 25, 2025, President Donald Trump announced a new immigration program called the "Gold Card." According to initial information, this program would require foreign investors to contribute $5 million in exchange for legal residency and a future path to U.S. citizenship.
This announcement immediately stirred discussions among investors, particularly those considering the EB-5 program—the established U.S. investment-based immigration pathway.
However, it's important to understand that a U.S. president cannot unilaterally change or replace a law approved by Congress, including the EB-5 program. Any major immigration policy change must go through Congress and be enacted into law.
So, will the "Gold Card" become a reality? That remains to be seen, but for now, EB-5 remains the most reliable route for investment-based immigration to the U.S.
The EB-5 Program – A Legal Pathway to U.S. Residency
The EB-5 Immigrant Investor Program, established by the U.S. government in 1990, offers one of the fastest and most legitimate ways for foreign investors and their families to obtain Green Cards and, eventually, U.S. citizenship.
✔ EB-5 Investment Requirements
- Minimum investment of $800,000 if the project is in a Targeted Employment Area (TEA) or $1,050,000 for non-TEA projects.
- Creation of at least 10 full-time jobs for U.S. workers.
- Investment must be made in a new commercial enterprise in the U.S.
✔ EB-5 Investor Benefits
- Receive a conditional Green Card (2 years) and apply for permanent residency after meeting program requirements.
- Spouses and children under 21 years old can also obtain Green Cards and live, study, and work in the U.S.
- Eligible to apply for U.S. citizenship after five years.
- No requirement to directly manage the business—investors can invest through Regional Centers.
The EB-5 program has been extended until September 30, 2027, under the H.R. 2471 Act, ensuring stability for investors.
Can the "Gold Card" Replace EB-5?
Despite speculation surrounding the "Gold Card," there is no concrete evidence that it will replace EB-5. Key reasons include:
- EB-5 is a congressionally approved program, meaning any replacement would require full legislative approval.
- No official confirmation from USCIS or Congress regarding the "Gold Card," making it merely a proposal at this stage.
- EB-5 has a 30+ year history, successfully enabling thousands of investors and their families to immigrate to the U.S.
As of February 26, 2025, immigration law experts confirm that the Trump administration has not taken any official steps to terminate EB-5. Even if such an attempt were made, it would require congressional approval, making immediate changes unlikely.
Additionally, the RIA "Grandfathering provisions" protect investors who file I-526 or I-526E petitions before September 30, 2026, ensuring that their applications remain valid even if laws change in the future.
Key Considerations for EB-5 Investors
Given EB-5’s stability, investors should carefully evaluate their decisions based on these factors:
✔ Choosing the Right EB-5 Project
- Ensure transparency, job creation potential, and capital return possibilities in the investment project.
✔ Working with Trusted Immigration Experts
- A reliable consulting firm can help prepare applications properly, avoid legal risks, and streamline processing.
✔ Clear Financial Documentation
- Proving the legal source of investment funds is a crucial USCIS requirement. Investors should prepare clear financial records to meet compliance standards.
Conclusion – Which Path is Best?
For those seeking a secure and legal U.S. immigration option, EB-5 remains the best choice. The "Gold Card" is still just a proposal with no legal framework. Rather than waiting for an uncertain policy, investors can leverage the existing EB-5 program to secure their path to U.S. residency.
If you would like detailed consultation on EB-5, contact MAP today for expert guidance and support!