A former U.S. Citizenship and Immigration Services (U.S. Citizenship and Immigration Services) official has shared advice about how to prepare to apply for President Donald Trump’s “Gold Card” visa program.
The program, detailed in an executive order in September, would offer foreign nationals who make a $1 million contribution an expedited path to U.S. residency after paying a processing fee and undergoing vetting.
Morgan Bailey, the former deputy chief of staff of U.S. Citizenship and Immigration Services, said those wishing to apply for the program should prepare to document their sources and transfer of funds, as well as gather the documents they will need, including their immigration and employment records.
Newsweek has contacted Bailey for comment via an email sent outside regular business hours.
Why It Matters
The “Gold Card” program would allow wealthy foreigners to buy visas that are usually reserved for high-achieving foreign workers, and provide a potential pathway to U.S. citizenship.
Experts have raised questions about the legality of the plan and the impact it could have on high-skilled immigration, while some have highlighted the potential for the program to be abused.
It highlights the Trump administration’s dual approach to immigration: tightening traditional immigration channels while creating new, high-cost pathways. The administration is using immigration as a revenue stream for those who can afford it, even as it moves aggressively to withdraw various protections that have allowed immigrants to remain in the country, including Temporary Protected Status for Venezuelan migrants.
What To Know
Under the Gold Card program, companies can secure the same privilege for employees by contributing $2 million.
Applicants who are approved after vetting by the State Department and Department of Homeland Security will be granted lawful permanent resident status, commonly known as a green card, after paying a $15,000 processing fee.
Meanwhile, the administration has also announced a “Trump Platinum Card” that will be available for a $5 million contribution and allow foreigners to spend up to 270 days in the U.S. without being subject to U.S. taxes on non-U. S. income.
Commerce Secretary Howard Lutnick has said the Gold Card will replace the existing employment-based EB-1 and EB-2 visa categories, which provide green cards for individuals with “exceptional ability” in business and other fields.
In a recent episode of The Inside Track podcast from law firm Mayer Brown, Bailey, who is now a partner at the firm, and Grace Shie, who leads the firm’s Global Mobility & Migration practice, offered advice to high net-worth individuals interested in applying for the visas.
On the podcast, Bailey noted that “legally there’s still some open questions” and it remains unclear how Trump’s executive order “will fit into the existing system with regard to timelines and processing.”
She added that because it’s a new approach, there may be challenges or delays.
Bailey said it is important for individuals wanting to apply to prepare early.
“So high net worth individuals and family offices should be ready to document the lawful source and path of funds,” she said. “Additionally, things to gather include immigration records, passports, employment documentation, and evidence of qualifications so that you’re well prepared when the rules are published.”
Shie said it was important for prospective applicants to understand current EB-1 and EB-2 categories.
She said: “We suggest that you understand current green card categories because we expect the gold card to be most relevant to the existing EB1 or EB2 national interest waiver categories. Study them so that you’re best positioned to choose the category that best fits your profile once the program is launched.”
Shie said that family offices and companies planning to include relatives should prepare documentation for all parties.
“It’s our understanding that the gold card program will allow spouses and children to qualify as derivatives, but details are limited so far,” she said. “Understanding the needs of the family upfront will help you prepare once program details are made available.”
Bailey added that it was important to remember the contributions are transfers, not investments, so cross-border tax implications also need to be addressed in advance. She also said: “Contribution is framed as strong evidence of extraordinary or exceptional ability or as contributing to the national interest and supporting a petition under an existing immigration category. But it’s not a standalone eligibility criterion.”
What People Are Saying
President Donald Trump wrote on his Truth Social site in September: “Today we are proud to announce THE TRUMP GOLD CARD. The Card will be available for $1 Million Dollars for individuals, and $2 Million Dollars for Corporations. For far too long, we have had millions of Illegal Aliens pouring into our Country, and our Immigration System was broken. It is beyond time that the American People, and American Taxpayers, are benefiting from our LEGAL Immigration System. We anticipate THE TRUMP GOLD CARD will generate well over $100 Billion Dollars very quickly. This money will be used for reducing Taxes, Pro Growth Projects, and paying down our Debt.”
Senator Dick Durbin, a Democrat, wrote on X in September: “President Trump’s illegal $1,000,000 ‘gold card’ visa scheme is a sham. We need a fair and orderly immigration system. We need to preserve our safety and maintain our status as a beacon of hope for the most vulnerable.”
Aaron Reichlin-Melnick, senior fellow at the American Immigration Council, wrote on Bluesky about the “Gold Card” program: “The FAQ posted online for this program claims that this would be an EB-1/EB-2 visa. That is EXTREMELY illegal. Those visas are, by law, ONLY for people with ‘extraordinary’ or ‘exceptional’ ability, or advanced degrees (MAs or PhDs) who are being hired by an American business.”
He added: “To drive this point home, if anyone were to get a green card through this program, a future administration would be entirely within their rights to strip the person of their legal status and deport them.”
What Happens Next
Details about the visa program will be laid out in upcoming regulations.
Trump’s executive order directed the Departments of Commerce, State and Homeland Security take steps to implement the program, including establishing a process for applications and expedited processing, by December 19.
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