Category Business Law and Transactions in the USA

By Wang Law LLC — U.S. Immigration & Business Law

I. Introduction: The Emergence of Donation-Based Immigration in the United Stat

On September 19, 2025, the President signed Executive Order 14351, authorizing the U.S. Department of Commerce to create an immigration-related program allowing high-net-worth individuals to obtain employment-based immigrant status through large monetary donations.

In December 10, 2025, USCIS released the new Form I-140G and its official instructions, formally establishing what is now widely known as the “Gold Card Program.”

Unlike traditional EB-2 or EB-5 frameworks, which rely on employer sponsorship or job-creating investments, the Gold Card introduces a direct-gift model—a structure unprecedented in U.S. immigration law.

This article provides a detailed legal analysis for individuals, families, and corporate petitioners considering the Gold Card option, addressing statutory basis, eligibility standards, filing procedures, visa retrogression issues, and comparative risks.

II. Legal Foundation: Executive Authority Combined with Existing INA Categories

The Gold Card Program is not a new immigrant visa category created by Congress. Instead, its legal authority arises from a combination of executive action and existing statutory classifications.

1. Executive Order 14351

The order authorizes the Department of Commerce to accept donation funds and collaborate with DHS/USCIS to attract foreign capital. However, it does not establish a new immigrant visa classification.

2. Reliance on Existing INA Employment-Based Categories

Form I-140G explicitly channels applicants into two existing categories:

• EB-1A – Extraordinary Ability
• EB-2 NIW – National Interest Waiver

Therefore, the donation is a prerequisite for filing—not a substitute for the statutory ability requirements.

III. Donation Requirements: The Most Expensive U.S. Immigration Path to Date

According to the I-140G instructions, applicants must make a non-refundable monetary gift to the U.S. Department of Commerce.

1. Self-Petitioners (no employer)

• Principal applicant: US$1,000,000
• Spouse: US$1,000,000
• Each dependent child: US$1,000,000

2. Employer-Petitioned Applicants

• Principal applicant: US$2,000,000
• Each dependent: US$1,000,000

3. Use of Cryptocurrency

USCIS expressly permits crypto-based assets as donation funds if:

• Full blockchain traceability is provided
• AML/KYC standards are met
• No suspicious transactions appear

4. Donations Are Not Refundable

Unlike EB-5 investments, donations:

• Are not investments
• Are not returnable
• Do not generate equity or interest

The program therefore imposes the highest financial requirement in U.S. immigration history.

IV. Filing Fee Structure: USCIS Charges an Additional US$15,000 Per Applicant

Each applicant—principal and dependents—must pay:

• US$15,000 USCIS filing fee
• No fee waivers available
• Not refundable under any circumstances

Combined with donations, a family of four may incur US$4–6 million in total costs, making this one of the most restrictive pathways ever created.

V. Ability Requirements: Money Alone Is Insufficient

Despite the donation requirement, USCIS maintains full statutory standards for EB-1A and NIW adjudication.

1. EB-1A Extraordinary Ability Standard

Applicants must demonstrate that they are among the small percentage at the very top of their field, through:

• A one-time major internationally recognized award, or
• At least three of the ten regulatory criteria (e.g., publications, judging, significant contributions, media coverage, etc.)

This remains one of the most demanding criteria in U.S. immigration law.

2. EB-2 NIW Exceptional Ability Standard

Applicants must satisfy:

• Exceptional ability under 8 CFR §204.5(k), and
• Matter of Dhanasar’s three-prong test:
  1. Substantial merit and national importance
  2. Applicant is well positioned to advance the endeavor
  3. Waiver benefits the United States

3. Additional Filing Requirement for NIW

Form I-140G instructions state that NIW applicants must submit:

• An uncertified ETA-9089

EB-1A applicants do not need to file this form.

Conclusion: The donation is merely an eligibility trigger—not a replacement for legal ability requirements.

VI. Filing Procedure and Visa Retrogression: No Concurrent Filing, Consular Processing Only

The most significant limitation appears in the lack of I-485 eligibility at filing.

1. No Concurrent Filing With Form I-485

USCIS states that the Adjustment of status is not available at filing. Applicants may proceed only when a visa number becomes available. Thus, Gold Card applicants cannot:

• File I-485 together with I-140G
• Obtain EAD(Form I-765)
• Obtain Advance Parole (Form I-131)

2. Visa Bulletin Still Applies

The instructions explicitly direct applicants to the Visa Bulletin. Consequences:

• China-born applicants face EB-1 and EB-2 retrogression
• Donations do not accelerate visa availability
• Consular processing is required after approval

This substantially limits the program’s speed and appeal for applicants from heavily retrogressed countries.

VII. Comparison With EB-1A, NIW, and EB-5 Programs

Category	Gold Card (I-140G)	EB-1A	NIW	EB-5
Cost	US$1M–US$2M per person (gift)	Filing/legal fees only	Filing/legal fees only	US$800k investment
Refundability	No	N/A	N/A	Possible (depending on project)
Ability Requirement	Yes	Yes	Yes	No
Job Creation	No	No	No	Yes
Visa Retrogression	Yes	Yes	Yes	Yes
I-485 Concurrent Filing	No	Yes (if current)	Yes (if current)	Yes (if current)
Dependent Cost	US$1M per dependent	None	None	Included

Conclusion: The Gold Card is designed for individuals who are both wealthy and highly accomplished. It is not a substitute for EB-5, nor is it a “pay-to-win” version of EB-1A/NIW

VIII. Legal Risks and Compliance Considerations

1. Source-of-Funds Scrutiny

USCIS and the Department of Commerce will apply rigorous:

• Anti-money laundering (AML) checks
• Know-your-customer (KYC) checks
• Blockchain tracing for crypto funds
• OFAC sanctions screening

Any irregularities may result in denial.

2. Policy Instability Risk

Because the program is based on an executive order, future administrations may:

• Modify
• Suspend
• Terminate the program

Without Congressional action, long-term predictability is uncertain.

3. High Financial Risk

Donations and filing fees are entirely non-refundable, even if:

• The case is denied
• Retrogression worsens
• Policies change

4. Retrogression Risk for China and Other Countries

Applicants from oversubscribed countries may wait years for visa availability.

IX. Who Should Consider the Gold Card Program

Suitable Candidates

• High-net-worth individuals with strong EB-1A or NIW profiles
• Applicants from countries without visa backlogs
• Global entrepreneurs seeking rapid I-140 approval
• Corporations seeking to sponsor high-impact executives

Not Recommended For

• Applicants relying solely on financial capacity
• Individuals needing quick work authorization (EAD)
• China-born applicants unwilling to wait for retrogression
• Those seeking investment return (EB-5 is more appropriate)

X. Professional Guidance

Wang Law LLC provides:

• EB-1A / NIW eligibility evaluations
• I-140G strategy development
• Source-of-funds review (including crypto tracing expectations)
• Visa Bulletin and retrogression planning
• Full-scope preparation of petitions and supporting evidence

Wang Law LLC — Your Trusted Advisor for EB-1A, NIW, and High-Net-Worth Immigration Strategy

The introduction of Form I-140G and the Gold Card donation-based program marks a significant shift in the U.S. employment-based immigration landscape. Whether you are evaluating EB-1A, NIW, EB-5, or the new Gold Card pathway, a precise legal strategy is essential to avoid unnecessary financial and immigration risks.

At Wang Law LLC, we provide:

✔ Comprehensive EB-1A and NIW Eligibility Evaluations

Our attorneys offer detailed assessments based on statutory criteria, field achievements, and Dhanasar analysis.

✔ I-140G Gold Card Strategic Planning

We help clients understand donation requirements, crypto source-of-funds compliance, and the evidentiary standards for EB-1A/NIW classification under the new program.

✔ Full Petition Preparation and Evidence Development

We prepare persuasive legal briefs, expert reference letters, organizational charts, impact documentation, and all supporting exhibits.

✔ Source-of-Funds Review for High-Net-Worth Applicants

Including AML/KYC considerations, blockchain tracing expectations, and compliance risk mitigation.

✔ Visa Bulletin Forecasting & Immigrant Visa Processing

Essential for applicants from countries subject to retrogression.

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Contact Wang Law LLC Today

If you are considering the Gold Card program or any employment-based immigration option, our firm can guide you through each stage with precision, transparency, and strategic insight.

📍 Chicago Office (USA)
WANG LAW LLC
203 N LaSalle Street, Suite 2100
Chicago, IL 60601
Phone: 312-519-1115
Email: david@wanglaw.com

Website: www.wanglaw.com
General inquiries: info@wanglaw.com

Wang Law LLC — Cross-Border Immigration. Excellence. Strategy. Results.

We help clients build their future in the United States and Canada, one case at a time.

Canada, located on the vast lands of North America, shares a long border with the United States and is north of the Arctic Ocean. As the second largest country in the world by land area and an industrial powerhouse, the capital Ottawa along with Toronto and Vancouver are economic hubs. Canada has a mature economy with abundant resources – energy, manufacturing and services sectors are well developed. Also, as an active participant in various international organizations and trade agreements, Canada holds a significant position on the global economic stage.

Benefits of Registering a Company in Canada

1. Stable Environment: Canada is well reputed for its stable political and economic landscape. Its robust legal system and transparent governmental decision making processes provide entrepreneurs with a solid foundation to operate their businesses.
2. Talent Pool: Canada’s emphasis on education has nurtured a large pool of highly skilled professionals. This rich human resource supplies enterprises with technically proficient and innovative employees, injecting vitality into business growth.
3. Tax Incentives: Canada’s tax policies are relatively lenient towards businesses, especially the relatively low corporate income tax rates and additional tax reductions offered to certain industries and regions, which greatly motivate investment interests.
4. Business Opportunities: As a global center of commerce and finance, Canada’s major cities provide enterprises with high-quality platforms to seamlessly integrate with the world. Moreover, the free trade agreements Canada has signed with many countries open wider access to markets, facilitating enterprises to achieve global expansion.
5. Cultural Diversity: While upholding societal harmony, Canada’s multiculturalism also brings enterprises diverse perspectives and innovation impetus.

Types of Companies in Canada

In Canada, business companies are mainly categorized into provincial and federal companies. Interestingly, most enterprises prefer to register as a provincial company.

Director Requirements

Documents Required for Company Registration in Canada

1. Company Name: An available English name is required when registering a company in Canada. Note that certain words like “Royal” and “Bank” cannot be included in the name, and it must end with “INC.” or “LTD” to ensure legitimacy and formality.
2. Director/Shareholder Information: Identification documents such as ID card and passport scans are required. For corporations, company license scans and English names are also required.
3. Nature of Business: Determine the company’s scope of business.
4. Authorized Capital: The standard is $10,000, no actual payment is needed.

Methods and Procedures for Company Registration in Canada

When deciding to register a company in Canada, you do not need to personally travel to Canada. The entire registration process only requires you to prepare necessary documents for signing, and our agency will assist you to complete the procedures and ensure all formalities are in order and compliant.

Company Registration Procedures in Canada

1. Documentation Preparation: First, you need to prepare all relevant documents as required by the federal or provincial government registration authorities in Canada.
2. Application Submission: Submit the prepared documents to the registration department of the federal government or specific province in Canada.
3. Government Review: The government will review and process your application. The specific review duration depends on the company type chosen and the jurisdictional region of registration.
4. Certificate of Incorporation Issuance: Once your application is approved, you will receive a registration certificate signifying your company is successfully registered in Canada.

Time Frame

From application submission to receipt of the registration certificate, the entire registration process is estimated to take 1-2 months. Once all procedures are completed, our agency will promptly mail you all necessary registration documents, ensuring you gain firsthand knowledge of the latest updates regarding your company’s registration status in Canada.

Company Registration Completion Documents

Upon completion of registration, you will receive the following documents and items:

Subsequent Maintenance for Registered Companies in Canada

Annual Filings for Companies in Canada

1. Contents of Annual Filings:

• Pay annual registration renewal fees to maintain legitimacy of operations.
• Confirm and update company registration information to ensure accuracy and currency.
• Renew company address and corporate secretary services to facilitate normal business activities.
• File accounting and taxation records in compliance with Canada’s tax laws and regulations.

1. Documents Required:

• Copy of the Certificate of Incorporation as proof of legal existence.
• Articles of Incorporation outlining internal governance and operational norms.
• Copies of incorporation documents, including all relevant documents when the company was incorporated.
• If changes made – copies of shareholder change, capital increase documents, or company name change documents.
• Identification documents (ID card/passport copies) of directors and shareholders to confirm identities.

1. Time Frame:

• Annual filings and fee payments must be submitted to the government yearly on the company’s anniversary date after incorporation to maintain good standing status.

Tax Filing for Companies in Canada

1. Types of Taxes:

• Income Tax: Divided into federal and provincial, levied by the federal and provincial governments.

2. Tax Filing Requirements:

• If the company is registered in Canada but does not operate locally or trade with Canada, no bookkeeping or tax filing is required, but nil reporting is still necessary.
• If the company has operations and incurs expenses in Canada, tax filing is required with bookkeeping done by a Canadian accountant. Tax rates depend on business revenues, usually 8-10% of profits.

3. Tax Filing Due Dates:

• Company income tax returns are due within 6 months after the fiscal year end.
• Tax payment deadlines are within 2 months of fiscal year end. For some private Canadian controlled companies, the deadline can be extended to 3 months.

4. Tax Filing Compliance and Penalties:

• Tax filing is an important process in Canada’s tax administration. Taxpayers must comply with filing requirements for each tax type.
• Non-compliant taxpayers are subject to penalties – 5% of taxes owed plus 1% interest each month, up to 12 months maximum. For repeat violations, penalties rise to 10% of taxes owed plus 2% interest each month, up to 20 months maximum.

This concludes the key content covered in this article. Please stay tuned for more updates, and do not hesitate to contact us if you have related business needs!

Introduction:
As legal practitioners, it’s imperative to comprehend the intricate web of laws governing our province. However, for the general populace, the labyrinth of statutes and regulations can be daunting, often leading to inadvertent violations. At Wang LAW LLC, we aim to shed light on some lesser-known laws in Ontario that individuals may unknowingly transgress, potentially leading to significant legal consequences.

In our day-to-day activities, we may find ourselves unwittingly on the wrong side of the law, facing penalties ranging from fines to imprisonment. Here are nine laws in Ontario that individuals may inadvertently breach.

Unnecessary Slow Driving:

Under the Ontario Highway Traffic Act, which prohibites operating a motor vehicle at a speed that impedes or obstructs the normal flow of traffic. While safety concerns might necessitate cautious driving, exceeding prescribed limits could result in fines ranging from $150 to $1,000.

Passing Snowplows:

It’s unlawful to pass snowplows on designated highways in Ontario. Violating this statute, particularly on highways with posted speed limits of 80 kilometers per hour or higher, can incur fines ranging from $150 to $1,000.

Ownership of Certain Dog Breeds:

The Dog Owners’ Liability Act delineates strict regulations regarding the ownership and breeding of specific dog breeds in Ontario. Contravening these provisions may lead to fines up to $10,000 or imprisonment for a duration of up to six months.

Crowding the Driver’s Seat:

The Highway Traffic Act prohibits drivers from crowding the driver’s seat with occupants or objects that may impede proper vehicle control. Breaching this provision could result in fines ranging from $150 to $1,000.

Smoking Restrictions:

While smoking is legal, the Smoke-Free Ontario Act imposes restrictions on smoking in certain public spaces. Non-compliance may lead to fines.

Cycling on Pedestrian Crossings:

Riding bicycles on pedestrian crossings is prohibited under the Ontario Highway Traffic Act. Individuals caught violating this provision may face fines.

Leaving the Roadway:

Passing or overtaking another vehicle by leaving the roadway is prohibited under the Highway Traffic Act. Offenders may incur fines upon conviction.

Specific Lane Usage:

Slower vehicles are mandated to travel in the right lane according to the Highway Traffic Act. Failure to adhere to this regulation may result in fines ranging from $150 to $1,000.

Driving Across Pedestrian Crosswalks:

Motorists must refrain from driving across pedestrian crosswalks until pedestrians have fully crossed the road. Violation of this law could result in fines.

Conclusion:
Navigating Ontario’s legal framework demands vigilance and understanding of the laws that govern our daily lives. At WANG LAW LLC, we are committed to guiding our clients through the complexities of the legal system, ensuring compliance and safeguarding against unintended legal entanglements. For comprehensive legal counsel and assistance, trust OUR Law Firm to navigate the intricacies of Ontario’s legal landscape with expertise and diligence.

IRCC Update:

1. Study Abroad Letter of Attestation, PGWP+SOWP Policies Fully Explanation
   On Monday, February 5, 2024, Immigration, Refugees and Citizenship Canada (IRCC) made an important update to its previous study abroad policy. The update not only elaborated on the details related to the new policy, but also clarified which groups of people are exempted from the requirement of providing a letter of support. At the same time, it was officially announced that the Post-Graduation Work Permit (PGWP, or Post-Graduation Work Permit) for short-term graduate students will officially launch on February 15th. Here are the specific details:

Supporting Letter PAL: Who needs to submit it?

Most students applying for postsecondary education
Most students in non-degree graduate programs, such as certificate programs and graduate diploma programs, Any other applicant not included in the list of exceptions below
For applications submitted after 8:30 a.m. ET on January 22nd, if a PAL is required but not provided, the application will be returned.

The Commonwealth and Quebec are currently exploring ways to upgrade the existing CAQ to a PAL. This move is intended to streamline the process and save time and resources by avoiding applicants having to duplicate applications between the two systems. Merging the CAQ and PAL would be a solution that is both efficient and logical.

Certification Letter PAL: Who doesn’t need to submit it?

This information release adds visiting exchange students and family members of renewal or work visa holders in Canada, further expanding the scope of exemptions for letters of attestation.

• -Elementary or secondary school students
• -Master’s or doctoral students
• -Visiting or exchange students (new group)
• -Renewal and work visa holders in Canada (including student visa extensions)
• -Family members in Canada of visa renewal or work visa holders (new members)
• -Applicants who submitted or have had their visa application approved by January 22nd

PGWP Graduate Work Visa

The PGWP for Master’s degree graduates is effective from February 15, 2024 onwards. Those who have graduated from a master’s degree program with a duration of no more than 2 years and meet all other PGWP eligibility criteria will be able to obtain a longer 3-year post-graduation work permit.

For students graduating from public-private partnership university programs who are still currently enrolled and meet the other eligibility criteria, they will still be eligible for the PGWP. however, new students enrolled in such programs will no longer be eligible for the PGWP.

For students in other programs, the length of the graduation work visa will still be determined by the length of the program.

SOWP Spouse Work Visa

The eligibility of spouses and common-law partners of international students for Open Work Permits (SOWP) will be updated in the coming weeks.

Eligibility is limited to spouses and cohabiting partners of students in graduate (master’s and doctoral) and professional degree-granting programs. Spouses and cohabiting partners of international students extending existing work permits will continue to be eligible for this category once these changes come into effect.

Who is not eligible for an open work permit?

Spouses and cohabiting partners of international students at other levels (including undergraduate and university programs) will no longer be eligible for an Open Work Permit for Spouses, unless they already hold this work permit.