Maryland Criminal & Immigration Lawyer Blog
Investor immigrants have, for many decades, had one primary pathway to permanent residency — the EB-5 visa. Recent statements from the Trump Administration indicate that this may change soon. The creation of new visas could mean new options and a need to adjust how one pursues permanent residency. If you are seeking to obtain a visa via the investment route, having a skilled Maryland investor visa lawyer advising you is vital… now more than ever.
On February 25, President Trump stated that the federal government planned to offer a new route to permanent resident status for investors. It is called the “Gold Card,” and it would offer lawful permanent resident status and the potential to achieve citizenship in exchange for a $5 million sum.
On May 21, Newsweek reported that the website for seeking Gold Cards would launch within “a matter of weeks.”
The potential creation of a new Gold Card option has raised numerous questions. Today, this post will address a few of the more common ones.
1. How would the Gold Card’s requirements differ from what you need for an EB-5 visa?
The differences are stark. The EB-5 visa requires investors to invest at least $1.05 million (or $800,000 if investing in a “targeted employment area”) in a project that creates at least 10 jobs. By contrast, as Forbes laid it out, the Gold Card “would require no job creation, no economic modeling, and no indirect employment calculations.” The applicant would simply pay $5 million to the U.S. government and achieve immediate permanent resident status, with the opportunity to become a citizen down the road.
Another difference is the return on investment. While EB-5 applicants receive a return on their investment, the $5 million amount that Gold Card seekers pay would be a direct purchase, with zero return.
2. Would the creation of a Gold Card visa end the EB-5 program?
No, not automatically. Even if the administration hopes for the Gold Card to replace the EB-5 program, simply offering Gold Cards will not immediately eliminate the EB-5 program. Unlike the Gold Cards, the EB-5 program, which has been in place since 1990, was created by Congress. That means that setting up a Gold Card option cannot, by itself, eliminate the EB-5 visa.
Current Congressional legislation authorizes the EB-5 program to continue until September 30, 2027. Congress may choose to reauthorize the program and extend it beyond September 30, 2027, or allow it to expire as of that date. This would occur independent of the existence (or non-existence) of a Gold Card option. The administration lacks the constitutional authority to eliminate EB-5 via executive action.
3. What will happen to pending applications if Congress does not reauthorize EB-5?
If you seek permanent residency by filing an Immigrant Petition by Regional Center Investor (Form I-526E) or an Immigrant Petition by Standalone Investor (Form I-526) — and do so before September 30, 2026 — you will be protected. The 2022 Congressional act that reauthorized the EB-5 program through the end of September 2027 (the EB-5 Reform and Integrity Act) created something called a “grandfathering clause” that protects all applicants who file by that 2026 date, regardless of what legal changes happen to the EB-5 program.
The administration’s Gold Card proposal is a reminder that immigration law is in a state of considerable flux right now. Now more than ever, you need sound, reliable legal advice. The Maryland investor visa attorneys at Anthony A. Fatemi, LLC are here to help. Whether you want to pursue an EB-5 visa, have questions about the new Gold Card proposal, or desire to obtain legal status in another way, we have the knowledge to advise you intelligently and advocate effectively for your desired goal. Contact us today at 301-519-2801 or via our online form to set up your consultation.