How Trump's Gold Card Will Impact EB-1A & NIW Petitioners
Understanding the new Gold Card program and what it means for merit-based self-petitioners
Important Notice for Current Petitioners
If you have a pending EB-1A or NIW petition, your case will continue processing under current rules. However, new applications may be affected by the Gold Card program rollout expected within 90 days.
What Is Trump's Gold Card?
On September 19, 2025, President Trump signed an Executive Order establishing the "Gold Card" program - a new pathway to permanent residency that requires a $1 million contribution to the U.S. Treasury. Unlike EB-1A and NIW petitions, which are merit-based, the Gold Card operates on a pay-to-play model.
Merit-Based (EB-1A/NIW)
- • Prove extraordinary ability or national interest
- • No financial requirement
- • Based on achievements and expertise
- • Processing time: 8-33 months
Pay-to-Play (Gold Card)
- • $1 million Treasury contribution
- • No merit requirements
- • Based solely on financial capacity
- • Processing time: To be determined
Impact on Current EB-1A/NIW Petitioners
For Approved Cases
If your EB-1A or NIW petition has already been approved, your status remains secure. The Gold Card program does not retroactively affect existing approvals, and you can proceed with I-485 adjustment of status or DS-260 consular processing as planned.
For Pending Cases
Cases currently pending with USCIS will continue processing under existing regulations. However, Secretary Lutnick's statement about "suspending" EB-1/EB-2 categories within a month creates uncertainty about future processing priorities and timelines.
For Those Planning to File
This is where the biggest impact lies. New EB-1A and NIW applications may face:
- Potential suspension of new case acceptance
- Redirected processing resources toward Gold Card applications
- Reduced annual visa allocations if Gold Card consumes EB-1/EB-2 numbers
- Longer processing times due to system changes
What the Sources Tell Us
Key Sources Referenced:
According to CBS News coverage, Commerce Secretary Howard Lutnick indicated that traditional EB-1 and EB-2 categories could be suspended within a month to make way for the Gold Card program. This suggests an aggressive timeline that could affect current and prospective applicants.
The American Immigration Lawyers Association (AILA) has announced plans to challenge the program's legality, arguing that the Executive Order exceeds presidential authority over immigration visa criteria set by Congress.
Strategic Recommendations
For Current Petitioners
Continue with your existing case. Monitor for any RFEs or processing delays, but don't panic. Your approved case or pending application has legal standing under current immigration law.
For Those Planning to File
Consider expediting your preparation and filing before potential suspension. However, don't rush into a weak case - quality remains crucial for approval under any system.
Monitor Legal Challenges
Stay informed about AILA's legal challenges and other litigation that could affect the Gold Card's implementation timeline and impact on existing immigration categories.
What Comes Next
The Department of Homeland Security and State Department have 90 days to publish implementation rules for the Gold Card program. During this period, we expect:
- Detailed program regulations and procedures
- Clarification on how Gold Card affects existing visa categories
- Legal challenges from immigration advocacy groups
- Congressional oversight and potential legislative responses
For self-petitioners, this represents the most significant change to merit-based immigration in decades, as detailed in the White House Fact Sheet. The shift from achievement-based to wealth-based permanent residency fundamentally alters the landscape for extraordinary ability and national interest cases.
Stay Informed
This is a developing situation with significant implications for the immigration community. We'll continue monitoring legal challenges, implementation details, and processing impacts to keep you updated on how these changes affect your immigration strategy.
Disclaimer: This analysis is based on publicly available information as of September 2025. Immigration law and policy can change rapidly. Consult with qualified legal counsel for advice specific to your situation.
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