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IMMIGRATION DECEMBER 26, 2025 | The Indian Eye 34

BUYERS BEWARE:

Trump’s Gold Card is an Amazing

Feat in Executive Legerdemain

BY CYRUS MEHTA account to file the form. The Trump adminis- cleverly appended to the em- the Gold Card through ex-
The form, dated tration also announced a ployment-based first pref- ecutive action, why not go
.S. Citizenship and 11/19/2025, was created un- “Trump Platinum Card,” erence (EB-1) and second further to benefit many more
Immigration Services der “The Gold Card,” Exec- coming soon, for which for- preferences (EB-2) through immigrants in the green card
U(USCIS) has posted utive Order 14351. The fee eign nationals can join a executive order. The $1 mil- backlogs. The administration
a new form for the “Trump for Form I-140G is $15,000 waiting list. When launched, lion and more is considered a can advance the filing dates
Gold Card” immigrant visa per person (principal bene- and upon receipt of a $15,000 gift to the United States un- in the State Department Visa
program, Form I-140G, Im- ficiary, spouse, or child(ren), processing fee and a $5 mil- der 15 USC 1522, and would Bulletin to current, or close
migrant Petition for the Gold as applicable). Additional lion contribution, applicants demonstrate through the fil- to current, so many people in
Card Program. The program Department of State (DOS) will have the ability to spend ing of an I-140G petition the the backlogs with approved
requires a minimum “contri- “small fees” may apply “de- up to 270 days in the United applicant’s eligibility under I-140 petitions can file for
bution” of $1 million along pending on the applicant.” States without being subject the person of extraordinary adjustment of status includ-
with a hefty application fee. For a corporation or simi- to U.S. taxes on non-U.S. category under INA 203(b) ing beneficiaries of the I-140
Applicants may only file the lar entity filing on behalf of income. Additional DOS (1)(A) or under the persons petition for the Gold Card.
form after they have regis- an individual, the required “small fees” may apply “de- of exceptional ability and As with other executive
tered their information on “gift” to the United States is pending on the applicant.” national interest waiver cate- actions, the Gold Card will
trumpcard.gov and received $2 million for the principal Those “who have ever been gory under INA 203(b)(2). If not be immune to challenges
confirmation that their sub- beneficiary, and $1 million subject to U.S. tax on non- you are born in India beware in federal court that it was is-
mission was accepted. US- per person for any accom- U.S. income (e.g., U.S. citi- of Trump’s Gold Card as you sued without Congressional
CIS will contact the applicant panying spouse or children zens and resident aliens) are will be stuck in the India EB- authorization and even with-
when it is time to create or listed on the petition, in ad- not eligible to apply for the 1or EB-2 backlog for years out a regulation under the
log in to their USCIS online dition to the fee(s). Trump Platinum Card.” and even decades after you Administration Procedure
It is unclear how long have shelled out $1 million Act. If a court blocks the
processing will take. The or more and won’t see your Gold Card applicants may
website states, “Once an green card for a very long not get their money back.
applicant’s processing time or never. Moreover, another presi-
fee and application are We have always advocat- dent can rescind the Gold
received, the process ed for immigration benefits Card too. Still, as has been
should take weeks. The through executive actions the case with the Trump
applicant will need to at- for years. While we are sup- administration rescinding
tend a visa interview and portive of the Gold Card as DACA or SIJ deferred ac-
submit any additional another innovative benefit tion, plaintiffs may be able to
documents in a time- through executive action, it get a court to keep the Gold
ly manner.” However, is also hypocritical that this Card program intact for
practitioners expressed administration has been many years if the recission
concerns that it could eliminating other executive did not factor in the reliance
take years in some cases. actions of prior presidential interests of the stakehold-
Trump’s Gold Card administrations such as hu- ers. Buyers of Trump’s Gold
is an amazing feat in ex- manitarian parole and de- Card should take the plunge
ecutive legerdemain. Al- ferred action for childhood with their eyes wide open
though Congress has not arrivals and special immi- – that is if they can afford
explicitly authorized it, grant juveniles. If the Trump spending and even throwing
the Gold Card has been administration has launched away $1 million and more.
________________________________________________________________________________________________________________________________________________________________________________________________
m of Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner
of Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative
CYRUS D. MEHTA & PARTNERS PLLC Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics Committee; special counsel on
immigration matters to the Departmental Disciplinary Committee, Appellate Division, First Department, New
York; member of the ABA Commission on Immigration; board member of Volunteers for Legal Services and

board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board of Trustees of
the American Immigration Council and former chair of the Committee on Immigration and Nationality Law

 
   
­ of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related
€
‚   issues, including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches
a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial
Award for advancing the practice of immigration law and the AILA 2011 Michael Maggio Memorial Award for
his outstanding efforts in providing pro bono representation in the immigration field. He has also received two
AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded
2 6th Floor lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in

    Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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