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.
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:
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:
- Substantial merit and national importance
- Applicant is well positioned to advance the endeavor
- Waiver benefits the United States
3. Additional Filing Requirement for NIW
Form I-140G instructions state that NIW applicants must submit:
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.
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.
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