Executive Order 14351: The Gold Card
President: Donald J. Trump
Official title: The Gold Card
Set up a contribution-based Gold Card process using existing EB-1 and EB-2 immigration categories; a gift alone does not grant a visa.
Status: In effect.
Is Executive Order 14351 still in effect? Yes. Program operating through existing visa categories; legal challenge filed.
What does Executive Order 14351 do?
Executive Order 14351 directed Commerce, State and Homeland Security to set up an expedited process for people making specified gifts to the United States. The order tells immigration officials to treat a qualifying gift as evidence in existing EB-1 and EB-2 adjudications, including national-interest waivers. It does not itself create an uncapped visa category or waive admissibility rules. USCIS subsequently introduced Form I-140G, and an official application portal is operating. A federal complaint filed in February 2026 challenges the program's legal basis; a complaint is an allegation, not a court ruling.
Later evidence reviewed September 26, 2026: USCIS lists Form I-140G, and an official application portal describes the process. A federal complaint filed February 3, 2026 challenges the legal basis; this guide does not assert that a court has decided the merits.
Before and after
Before the order
Before EO 14351, employment-based immigrant visas already operated under the Immigration and Nationality Act. EB-1 and EB-2 eligibility, national-interest waivers, admissibility and numerical limits came from statute and existing administration of those categories.
The order did not repeal those rules. It proposed a new way for officials to consider a financial gift as evidence when processing applications under the existing categories.
After the order
Commerce, State and Homeland Security were directed to establish a Gold Card process within 90 days. The order sets an unrestricted gift of $1 million by an individual or $2 million by a corporate sponsor, directs Commerce to deposit gifts in a separate Treasury fund and specifies uses consistent with Commerce's statutory authority.
USCIS later made Form I-140G available, and the government operates an application portal. Whether an individual obtains an immigrant visa still depends on statutory eligibility, vetting and visa availability. A federal lawsuit contests the program; filing it did not by itself suspend the order.
Who it affects
Prospective employment-based immigrants and corporate sponsors seeking to use the Gold Card process are directly affected. Commerce receives the specified gifts, while State and Homeland Security assess immigration eligibility and screening. Other EB-1 and EB-2 applicants may share the same statutory visa allocations; the order does not itself increase those limits.
What the order directs
EO 14351 is an instruction to three departments, not a visa approval for everyone who contributes. Commerce is to coordinate with the State Department and Homeland Security to establish the process. Immigration officials are directed to consider a qualifying financial gift as evidence of eligibility in certain existing employment-based categories. The order calls for expedited handling where consistent with law, public safety and national security. It does not set a guaranteed decision time or make every applicant eligible. Read sections 2 and 3 of the signed order.
The gift to the Commerce Department
Section 2 sets an unrestricted gift of $1 million when an individual contributes on their own behalf and $2 million when a corporation or similar entity contributes for an individual. Commerce is directed to deposit the gifts in a separate Treasury fund and to use them to promote commerce and American industry within its statutory powers. That description concerns the contribution specified in the order. The government's application information separately describes a non-refundable $15,000 DHS processing fee and possible State Department charges. Fees and gifts serve different purposes; neither should be described as a purchase of lawful permanent residence.
Which visa categories does it rely on?
The order cites the employment-based first preference, EB-1, and second preference, EB-2, in 8 U.S.C. 1153(b), along with the national-interest-waiver provision. It directs officials to treat the specified gift as evidence relevant to these adjudications. It also asks the agencies to consider, rather than automatically create, an extension to EB-5 immigrant investors. USCIS's I-140G page identifies the petition form for the resulting program. An applicant must still satisfy the applicable immigration requirements; a petition, a visa decision and admission are distinct steps.
What the order cannot do without Congress
Section 3 expressly refers to existing visa-number limits, and section 5 requires implementation consistent with law and available appropriations. A presidential instruction cannot itself amend the Immigration and Nationality Act, create an unlimited pool of EB-1 or EB-2 visas, excuse inadmissibility or confer permanent residence just because money has changed hands. Whether agencies' treatment of gifts fits the statutory criteria is a question raised in litigation. The page describes the policy and the challenge; it does not decide the case or offer individual immigration advice.
What has happened since September 2025
The order was signed on September 19 and published on September 24, 2025. USCIS listed Form I-140G in December 2025 and published a March 2026 information-collection notice concerning the form. The official portal now describes an online application, vetting, the contribution step and later EB-1 or EB-2 adjudication. These are evidence of implementation, not proof that every application succeeds. The government says visa availability and admissibility remain conditions. Readers considering their own circumstances should check current agency instructions and obtain independent qualified advice where needed.
Legal questions raised
On February 3, 2026, the American Association of University Professors and individual plaintiffs filed a complaint in the District of Columbia. They argue that treating a contribution as evidence of the statutory EB-1 and EB-2 criteria, and collecting program payments, exceeds agency authority and disadvantages other applicants for limited visa numbers. Those are the plaintiffs' allegations. The complaint requests relief; it is not a judgment, and this guide does not claim the program has been struck down. The order's language, agency implementation and court proceedings should be read separately as the case develops.
Timeline and sources
The dated timeline below separates the signed direction, official publication, agency forms and litigation. The source list includes the White House text, the Federal Register edition, USCIS material and the filed complaint. Where these differ in purpose, the signed order governs what the President directed; agency material describes how officials currently administer the program, and the complaint records allegations for a court to assess.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Commerce Secretary | Coordinate program and gift process with State and Homeland Security; deposit gifts in a separate Treasury fund | Implementation steps within 90 days |
| State and Homeland Security Secretaries | Treat qualifying gifts as evidence in EB-1 and EB-2/NIW adjudications, subject to law and screening | Case-specific |
| Commerce, State and Homeland Security | Establish application and expedited adjudication process; set processing, maintenance and transfer fees as directed | Within 90 days for implementation steps |
What happened next
EO 14351 signed; agencies directed to establish the program within 90 days.
EO 14351 published at 90 FR 46031.
USCIS listed Form I-140G for the Gold Card program.
AAUP and individual plaintiffs filed a federal complaint challenging the program (No. 1:26-cv-00300, D.D.C.).
USCIS published an information-collection notice for Form I-140G in the Federal Register.
Guide checked against the signed order, USCIS notice and filed complaint; status, affected groups and common questions added.
Common questions
Does a Gold Card payment buy permanent residence?
No. The order directs officials to consider a specified gift as evidence for existing EB-1 and EB-2 employment-based categories. Petition approval, visa availability, admissibility and a final immigration decision remain separate requirements. The contribution is not a new statutory visa category or an exemption from screening. Read the signed order and USCIS instructions before considering an application.
How much is the contribution?
The order specifies an unrestricted $1 million gift by an individual on their own behalf or $2 million from a corporation or similar entity sponsoring an individual. That is distinct from processing or other administrative fees described by the government. The order directs Commerce to deposit gifts in a separate Treasury fund for uses consistent with its statutory authority.
Is this the same as the EB-5 investor program?
No. EO 14351 uses the EB-1 and EB-2 categories and mentions national-interest waivers. It asks agencies to consider a possible expansion to EB-5, but that instruction alone did not change the EB-5 statute. The different categories have different eligibility rules. USCIS's Form I-140G and the signed order are the appropriate starting points for this program.
Has a court struck down the Gold Card program?
A complaint filed in February 2026 challenged the program's legal basis, including its treatment of gifts under existing immigration statutes. A filed complaint states the plaintiffs' case; it is not a merits judgment. This guide does not assert an injunction or final result without a dated court record. The linked complaint and agency material describe different kinds of evidence.
Court status
See the court documents in Sources by type.
Legal and source detail
How it works legally
EO 14351 cites 15 U.S.C. 1522 for Commerce to accept gifts and 8 U.S.C. 1153(b)(1)(A), (b)(2)(A) and (b)(2)(B) for EB-1, EB-2 and national-interest-waiver consideration. Section 3 expressly subjects implementation to existing law and visa-number limits under 8 U.S.C. 1151 et seq. A gift is directed to be treated as evidence; immigration officials still apply statutory eligibility, admissibility and available visa numbers. Plaintiffs challenge the program's interpretation of these provisions in a lawsuit filed in February 2026; their allegations are not findings of a court.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- USCIS — Form I-140G (opens in a new tab) Official record
- Federal Register — USCIS Form I-140G notice (opens in a new tab) Official record
How we checked this
Last checked against the sources above on September 26, 2026. How we research →