Trump’s “Gold Card” program is being sued; U.S. immigration policy stirs up controversy again

The Trump administration got sued — not surprising!

 It all started last September when Trump signed an executive order to create the “Trump Gold Card” program. By December, the official application website went live, accepting applicants worldwide. The latest update came on February 3, when the American Association of University Professors filed a lawsuit, arguing that the Gold Card program breaks current U.S. laws.Here’s the link for reference:

https://www.nytimes.com/2026/02/03/us/politics/trump-gold-card-visa-lawsuit.html

The lawsuit’s main points are:

1. The plaintiffs say the Gold Card oversteps legal authority

According to U.S. law, any policy involving government money must go through Congress. The Gold Card program exceeds Congress’s power. Congress never approved millions of dollars donations ($1 million to $2 million) as a way to qualify for EB-1A (extraordinary talent) or EB-2 (professionals/NIW) visas. In fact, no agency has the legal right to “sell” visas directly.

2. It violates the Immigration and Nationality Act

 EB-1 and EB-2 are meant for top talents in science, arts, education, and fields like research and medicine. But Trump’s Gold Card lets people “buy” green cards with money, no need to prove experience, achievements, or skills. That means these elite green card spots get taken by wealthy buyers, going against the original purpose of EB-1 and EB-2.In response, the Trump administration said through the Commerce Department, one of the defendants, “The days of open borders letting in foreign nationals who could be public charges are over.”

 Actually, since late January, the U.S. has paused immigrant visa issuance for 75 countries to target “public charge” concerns. Trump’s administration is tightening rules on asylum and refugee policies too — legal immigration is facing challenges, not just illegal immigration.The future of the Gold Card program is uncertain. Whether money can fairly compete with talent remains to be seen. Applicants should focus on immigration policies that are more stable and clear—like the popular EB-5 investor visa program, which is a safer and more legitimate choice!

Why EB-5 is a better bet compared to the Gold Card:

1. Investment, not donation

EB-5 requires an $800,000 investment (in TEA zones), which is returned after the investment period. It’s not a donation.

2. Policy stability guaranteed by Congress

The EB-5 Reform and Integrity Act of 2022 is official law passed by Congress, with clear rules and oversight. Unlike the Gold Card, it’s not dependent on one president and won’t be killed off by political battles.

3.Concurrent filing

Trump’s Gold Card markets “speed” as its biggest plus. But the EB-5 RIA solves wait times perfectly. There’s currently no backlog on EB-5 RIA. Applicants in the U.S. (like students) can file their immigration petition (I-526E) and adjustment of status (I-485) at the same time. This means once they file I-485, they get legal status, work permits, and travel documents — basically enjoying all green card perks while waiting.

4.One applicant covers the whole family

EB-5 follows traditional immigration rules: the investor’s money covers them and their whole family. For families wanting to move to the U.S., EB-5 is cost-effective. The Gold Card charges $1 million per person, so a family of three would pay $3 million — non-refundable. Plus, Gold Card holders get no special tax breaks different from green card holders.

If you’re thinking about applying for Trump’s Gold Card, here’s some honest advice: behind the flashy surface, there’s a high financial bar, an irrevocable “donation” model, and major legal uncertainties. EB-5’s stability and refundable investment make it the highest-value, safest path to a U.S. green card right now.

Right now, EB-5 is in a golden window with no backlogs. As more people apply, wait times may start. Instead of risking a risky “Gold Card,” grab this solid EB-5 opportunity.

Globevisa Experts have focused on EB-5 for over 10 years. With 50+ integrated offices in six states worldwide, they’ve helped 5,000+ families get U.S. green cards with zero rejections. Since the 2022 EB-5 RIA, they’ve successfully raised investments in over 20 EB-5 projects and set industry records for quick filings — up to 30 families per month and as fast as 21 days to apply.