The Trump Gold Card and the EB-5 Immigrant Investor Program both promise U.S. permanent residency through financial contribution—but the similarities end there. One asks for a non-refundable $1 million gift to the federal government with no strings attached. The other requires a $800,000 to $1,050,000 investment in a job-creating American business, with the possibility of getting your money back. For Indian investors and NRIs weighing their options in 2026, the differences in cost, risk, processing time, legal standing, and family coverage could mean hundreds of thousands of dollars and years of waiting. This guide breaks down every critical factor so you can make an informed choice.
Lawsuit Filed Against the Gold Card Program
On February 3, 2026, the American Association of University Professors (AAUP) filed a federal lawsuit challenging the Gold Card’s legality, arguing it violates the Immigration and Nationality Act and the Administrative Procedure Act by treating wealth as a substitute for statutory eligibility under EB-1 and EB-2 categories. The case (AAUP v. DHS, D.D.C., No. 1:26-cv-00300) could lead to an injunction suspending the program. Applicants who have already paid the non-refundable $15,000 processing fee face uncertainty about whether approved petitions will be honored if courts invalidate the program.
EB-5 Grandfathering Deadline Approaching
Under the EB-5 Reform and Integrity Act of 2022, petitions filed before September 30, 2026 are protected under current rules even if the program changes. The regional center program is authorized through September 30, 2027. Investment minimums are set to increase in January 2027 to adjust for inflation. Investors considering EB-5 should act before both deadlines.
How the Two Programs Work
The Trump Gold Card and the EB-5 visa both lead to lawful permanent resident status—a green card—but they differ fundamentally in structure, purpose, and legal foundation. Understanding how each program works is essential before comparing costs, timelines, or risks.
The Trump Gold Card, launched on December 10, 2025 through the federal portal at TrumpCard.gov, was created by Executive Order 14351 signed in September 2025. It is not a new visa category. Instead, it allows applicants to qualify for existing EB-1 (extraordinary ability) or EB-2 NIW (national interest waiver) immigrant visa classifications by making a $1 million financial “gift” to the U.S. Department of Commerce. The administration treats this donation as evidence that the applicant will “substantially benefit the United States,” effectively substituting wealth for the traditional evidence of extraordinary achievement or advanced professional qualifications that these visa categories normally require. The applicant first pays a non-refundable $15,000 DHS processing fee, undergoes background vetting, and then submits the $1 million gift. USCIS determines whether the applicant is classified under EB-1A or EB-2 NIW. The program is managed jointly by the Department of Commerce, DHS, and the State Department.
The EB-5 Immigrant Investor Program, established by Congress in 1990, requires foreign nationals to invest either $800,000 in a targeted employment area (TEA) or $1,050,000 in a non-TEA project in a new commercial enterprise that will create at least 10 full-time jobs for U.S. workers. Most investors—over 90 percent—participate through USCIS-approved regional centers, which pool capital from multiple investors into larger development projects like hotels, hospitals, or mixed-use complexes. The investor files Form I-526E (for regional center investments) or Form I-526 (for direct investments), receives a two-year conditional green card upon approval, and later files Form I-829 to remove conditions and obtain permanent residency. The EB-5 program has clear Congressional authorization and has survived multiple reauthorizations, most recently through the EB-5 Reform and Integrity Act of 2022 (RIA).
📊 Complete Side-by-Side Comparison
| Feature | Trump Gold Card | EB-5 Investor Visa |
|---|---|---|
| Financial commitment | $1M individual gift; $2M corporate sponsorship | $800K (TEA/rural) or $1.05M (non-TEA) |
| Nature of payment | NON-REFUNDABLE gift to U.S. Treasury | AT-RISK INVESTMENT with potential return of capital |
| Processing fee | $15,000 per applicant (non-refundable) | $11,160 (I-526) or $12,160 (I-526E) + biometrics |
| Family coverage | $1M + $15K per family member (spouse, each child under 21) | Included — spouse and children under 21 covered under one petition |
| Family of 4 total cost | ~$4.06M (4 × $1M gift + 4 × $15K fee) | ~$850K–$1.15M (investment + admin/legal fees) |
| Job creation required | No | Yes — minimum 10 full-time U.S. jobs |
| Visa category used | EB-1A or EB-2 NIW | EB-5 (separate 5th preference category) |
| Legal authority | Executive Order 14351 (Sept 2025) | Immigration Act of 1990, EB-5 Reform and Integrity Act of 2022 |
| Claimed processing time | “Weeks” for initial vetting; total 12–18 months | Rural TEA: 5–12 months (I-526E); Non-TEA: 29–71 months (I-526) |
| Conditional residency | No conditional period reported | Yes — 2-year conditional green card, then I-829 filing |
| Per-country visa limits | Yes — uses EB-1/EB-2 quotas (India/China face backlogs) | Yes — but reserved categories (rural, HUA) remain current for all countries |
| Concurrent filing (I-485) | Not yet confirmed for applicants in the U.S. | Yes — available for investors already in the U.S. |
| Source of funds proof | Required — legal and traceable sources | Required — extensive documentation of lawful source |
| Path to citizenship | Yes — standard 5-year residency path | Yes — approximately 7–10 years total (conditional + permanent + naturalization) |
| Current legal status | Active but legally challenged (AAUP v. DHS, Feb 2026) | Fully authorized through Sept 30, 2027 |
| Annual visa supply | Shares EB-1/EB-2 pool (~80,000 combined) | ~10,000 EB-5 visas per year (including dependents) |
The Real Cost: Gold Card vs EB-5 for Families
The headline investment amounts—$1 million for the Gold Card versus $800,000 for EB-5 in a targeted employment area—are misleading without looking at the full picture. The most critical difference is how each program handles family members, and whether the money comes back.
Under the Gold Card, every individual who wants permanent residency must independently contribute $1 million plus the $15,000 processing fee. A married couple with two children under 21 would owe roughly $4.06 million in non-refundable gifts and fees. Under the EB-5 program, one $800,000 investment covers the principal investor, their spouse, and all unmarried children under 21. After the investment period—typically five to seven years—the capital can potentially be returned to the investor, depending on the project’s success. Regional center administrative fees typically range from $50,000 to $80,000, and legal fees add another $15,000 to $25,000, bringing the total outlay to roughly $900,000 to $1.1 million for the entire family.
💰 Total Cost Comparison by Family Size
🪙 Trump Gold Card Costs
📋 EB-5 Investor Visa Costs
The Corporate Gold Card Option
Companies can sponsor employees through the Trump Corporate Gold Card with a $2 million gift per employee. The advantage: if the sponsored employee leaves, the corporation can transfer the sponsorship to a new employee without paying another $2 million gift—though a 5% transfer fee ($100,000) and 1% annual maintenance fee ($20,000/year) apply. This makes the corporate route more economical for companies planning long-term foreign talent strategies, but the recurring costs add up substantially over time.
Processing Times and the Path to a Green Card
The Trump administration markets the Gold Card as delivering “U.S. residency in record time.” The reality is more nuanced, particularly for applicants from India and China who face per-country visa quotas that the Gold Card does nothing to circumvent. Meanwhile, the EB-5 program’s reserved visa categories—especially rural TEA projects—have emerged as surprisingly fast alternatives for investors from backlogged countries.
The Gold Card process begins with the $15,000 fee and DHS vetting, which the government says “should take weeks.” After vetting, the applicant submits the $1 million gift, receives I-140G petition approval, and then must complete either consular processing at a U.S. embassy (requiring Form DS-260G and an in-person interview) or adjustment of status if already in the United States—though the government has not yet confirmed whether adjustment of status is available for Gold Card applicants. For most nationalities, the total Gold Card timeline is estimated at 12 to 18 months from application to green card. However, Indian and Chinese nationals face a critical obstacle: the Gold Card uses EB-1 and EB-2 visa numbers, which are subject to per-country annual limits. The January 2026 Visa Bulletin shows the EB-2 India filing date at May 1, 2024, meaning Indian applicants under the EB-2 category already face a multi-year backlog. Gold Card applicants from India classified under EB-2 NIW would join this same queue.
The EB-5 program’s timeline depends heavily on investment category. Rural TEA projects benefit from priority processing under the RIA, and as of February 2026, the EB-5 reserved visa categories for rural, high-unemployment, and infrastructure projects remain “current” for all countries—meaning no backlog. Indian investors in rural EB-5 projects have reported green card timelines under one year when filing from within the United States using concurrent filing (I-485 with I-526E). Those filing from abroad face consular processing timelines of six to twelve months after I-526E approval. The unreserved EB-5 category, however, faces growing backlogs for Indian and Chinese nationals, with total timelines stretching to five to seven years.
⏱️ Processing Timeline Comparison
| Stage | Trump Gold Card | EB-5 Rural TEA | EB-5 Non-TEA |
|---|---|---|---|
| Initial petition filing | I-140G (after vetting) | I-526E | I-526 |
| Petition approval | “Weeks” (claimed) | ~5 months (avg for rural) | 29–71 months |
| Visa availability (India) | EB-2: multi-year backlog; EB-1: shorter but growing | Current — no backlog | Backlogged — years |
| Visa availability (ROW) | Current for most | Current | Current |
| Concurrent filing (in U.S.) | Not confirmed | Yes — EAD in 2–6 months | Yes — EAD in 2–6 months |
| Consular processing | Several months | 6–12 months | 6–12 months |
| Total to green card (India) | 1–5+ years (depends on category) | Under 1 year (U.S.-based concurrent) | 5–7+ years |
| Total to green card (ROW) | 12–18 months | 12–18 months | 2–5 years |
Why Indian Investors and NRIs Are Watching Closely
India has become the second-largest source of EB-5 investors globally, with over 1,050 applications filed since the Reform and Integrity Act took effect. Indian nationals—particularly H-1B holders facing decades-long employment-based green card backlogs and wealthy families seeking educational opportunities for their children—have turned to the EB-5 program in record numbers. The Gold Card’s arrival has added a new variable to this calculation, but the math may not favor most Indian applicants.
The central issue for Indian investors is that the Gold Card does not bypass per-country visa limits. An Indian national classified under EB-2 NIW through the Gold Card faces the same visa bulletin backlog as an Indian EB-2 applicant who qualified through traditional credentials. The only potential advantage comes if the applicant qualifies under EB-1A instead—a category with shorter backlogs for India—but it remains unclear whether Gold Card applicants have any choice in which category DHS assigns them. Meanwhile, the EB-5 rural TEA reserved category remains “current” with no backlog for Indian nationals as of the January 2026 Visa Bulletin. This means an Indian investor who files an I-526E petition for a rural project and concurrently files I-485 (if already in the United States on an H-1B, L-1, or other valid status) can potentially receive an employment authorization document within two to six months and a green card within a year.
The financial comparison is even more stark for families. An Indian family of four choosing the Gold Card faces approximately $4.06 million in irrecoverable costs. The same family investing through an EB-5 rural TEA regional center project would spend roughly $900,000 to $1.1 million total—and stands to recover most of the $800,000 investment after the project’s loan term ends, typically in five to seven years. For NRIs already in the United States, concurrent filing through EB-5 also provides immediate work authorization and travel flexibility while the green card is pending, an advantage the Gold Card has not yet confirmed for U.S.-based applicants.
🇮🇳 Gold Card vs EB-5: The Indian Investor Calculus
- Rural TEA is “current” — no visa backlog for any country in reserved categories
- Family included in one investment — $800K covers spouse and children under 21
- Capital can be returned — investment is “at risk” but recoverable after hold period
- Concurrent filing available — EAD work permit in 2–6 months for those in the U.S.
- I-526E approval rate exceeds 97% — proven track record with clear legal authority
- Grandfathering protection — petitions filed before Sept 30, 2026 protected under current rules
- Per-country limits still apply — EB-2 India backlog affects Gold Card applicants too
- $1M per family member — family of 4 costs over $4 million in non-recoverable gifts
- Federal lawsuit pending — AAUP v. DHS could invalidate the program entirely
- No Congressional authorization — program created by executive order, not statute
- Adjustment of status unconfirmed — no clarity for H-1B holders already in the U.S.
- $15,000 fee is non-refundable — lost even if petition is denied or program is struck down
NRI Tax Consideration
Both Gold Card and EB-5 green card holders become U.S. tax residents subject to worldwide income taxation. NRIs with Indian real estate, business income, or investments must report and pay U.S. tax on global earnings. The U.S.-India Double Taxation Avoidance Agreement (DTAA) provides foreign tax credits to avoid double taxation, but the compliance burden is significant. The upcoming Trump Platinum Card ($5 million) reportedly offers a 270-day U.S. residency without worldwide tax obligations—but it has not launched yet, and its tax treatment under existing law is legally uncertain.
EB-5 Regional Centers vs Direct Investment
For investors who choose the EB-5 route over the Gold Card, the next decision is whether to invest through a USCIS-approved regional center or make a direct investment in a business they manage themselves. Regional centers handle over 90 percent of all EB-5 applications, and for good reason: they simplify the job creation requirement by counting indirect and induced jobs created by the project’s economic activity, rather than requiring the investor to directly hire 10 full-time employees. As of July 2024, USCIS had approved 712 regional centers.
A regional center investment is typically structured as a loan to a real estate development project—a hotel, hospital, residential complex, or infrastructure project—located in a targeted employment area. The investor contributes $800,000 (for TEA projects) alongside administrative fees of $50,000 to $80,000, and the regional center manages the project, job creation documentation, and USCIS compliance. The investor has limited control over investment decisions but benefits from a streamlined documentation process, a proven job creation methodology, and the ability to count both construction jobs and operational jobs toward the 10-job requirement. Loan terms vary by project, but most anticipate returning the investor’s capital within five to seven years after the investment period and sustainment requirements are met.
Direct investment, by contrast, requires the investor to create or acquire a new commercial enterprise, invest the full amount, and directly employ 10 full-time U.S. workers. This path offers more control but significantly more complexity: the investor must manage the business, maintain detailed employment records, and demonstrate the company’s viability to USCIS. Direct investment filing fees are slightly lower ($11,160 for I-526 versus $12,160 for I-526E), but legal and operational costs tend to be higher. Processing times for direct investment I-526 petitions have historically been longer than regional center I-526E petitions, particularly since the RIA introduced priority processing for rural TEA regional center cases.
📋 EB-5 Visa Set-Aside Categories
| Category | Annual Visa Allocation | Investment Minimum | Current Visa Status (Jan 2026) | Processing Priority |
|---|---|---|---|---|
| Rural TEA | 20% (~2,000 visas) | $800,000 | CURRENT — all countries | Priority processing under RIA |
| High Unemployment Area (HUA) | 10% (~1,000 visas) | $800,000 | CURRENT — all countries | Standard |
| Infrastructure | 2% (~200 visas) | $800,000 | CURRENT — all countries | Standard |
| Unreserved (non-TEA) | Remaining (~6,800 visas) | $1,050,000 | BACKLOGGED — India and China | Standard |
Growing “Invisible Backlog” in Reserved Categories
Although reserved categories are technically “current” in the Visa Bulletin, EB-5 analysts warn of a developing “invisible backlog.” Over 4,000 rural TEA petitions have been filed, translating to roughly 8,000+ visa applicants when family members are included—far exceeding the 2,000 annual rural visa allocation. Once USCIS and the State Department increase processing volumes, visa bulletin cutoff dates could appear for rural TEA as early as late 2026. Investors who file sooner secure earlier priority dates, protecting their place in line even if retrogression occurs.
Legal Risks and Program Stability
The legal standing of the two programs could not be more different. The EB-5 program was created by an Act of Congress in 1990, reauthorized and reformed through the EB-5 Reform and Integrity Act of 2022, and authorized through September 30, 2027. While EB-5 has faced its own challenges—including a temporary program lapse in 2021 and ongoing debates about TEA designation criteria—its statutory foundation means that only Congress can fundamentally change or terminate it. Petitions filed before September 30, 2026 receive grandfathering protection, meaning they will be processed under current rules even if the program is later modified.
The Gold Card, by contrast, rests entirely on executive authority. President Trump issued Executive Order 14351 in September 2025 directing federal agencies to treat a $1 million financial contribution as evidence of eligibility for EB-1A or EB-2 NIW classifications. Legal scholars have questioned whether this approach exceeds presidential authority, since Congress—not the executive branch—defines immigrant visa categories and eligibility criteria under the Immigration and Nationality Act. The AAUP lawsuit filed on February 3, 2026 raises three main legal arguments: the program violates the INA by redefining statutory eligibility criteria, it violates the Administrative Procedure Act by creating a de facto new visa program without notice-and-comment rulemaking, and it was enacted without statutory authority. If a federal court issues a preliminary injunction, Gold Card processing could be suspended entirely, leaving applicants who paid the non-refundable $15,000 fee in limbo. Multiple immigration attorneys have publicly stated they believe the Gold Card was “unlawfully enacted,” though opinions differ on whether courts will ultimately block it.
📅 Key Dates and Deadlines
🗓️ Program Timeline
Which Program Should You Choose?
The answer depends on your nationality, family size, risk tolerance, timeline, and whether you are already in the United States. There is no single “better” program—each serves a different investor profile.
The Gold Card may make sense for ultra-high-net-worth single applicants from countries without per-country visa backlogs (most of the world outside India and China), who want the simplest possible path without managing a business investment or worrying about job creation requirements. The speed advantage is real for these applicants—if the program survives legal challenges. However, anyone considering the Gold Card should understand that they are paying a premium for speed and simplicity: the $1 million is gone permanently, with no possibility of return, and the program’s long-term legal survival is uncertain.
The EB-5 program is the stronger choice for most Indian families and NRIs, H-1B holders seeking to escape employment-based green card backlogs, and any investor who wants the possibility of recovering their capital. Rural TEA projects in particular offer the best combination of advantages available in investor immigration today: the lowest investment threshold ($800,000), priority petition processing, no per-country visa backlog, concurrent filing eligibility for U.S.-based applicants, Congressional authorization, and the potential to recover the investment after the hold period ends. The tradeoff is complexity—EB-5 requires extensive source-of-funds documentation, careful project due diligence, a two-year conditional residency period, and patience with government processing timelines.
✅ Decision Checklist
🎯 Choose Gold Card If…
🎯 Choose EB-5 If…
The Platinum Card: What We Know So Far
The TrumpCard.gov website includes a waitlist for the upcoming Trump Platinum Card, which has not yet launched. According to official descriptions, the Platinum Card would require a $5 million contribution and $15,000 processing fee, allowing holders to reside in the United States for up to 270 days per year without being subject to U.S. taxation on non-U.S. income. This is a fundamentally different product from both the Gold Card and EB-5: it would function as a long-term visitor status rather than permanent residency, and its primary appeal is the tax advantage for ultra-wealthy individuals who want U.S. access without worldwide tax obligations.
The Platinum Card faces even greater legal uncertainty than the Gold Card. Exempting certain residents from federal income tax on foreign earnings would normally require Congressional legislation, and the September 2025 executive order that created the Gold Card framework did not mention the Platinum Card. Constitutional scholars have questioned whether the executive branch can unilaterally alter tax obligations for a class of immigrants. Additionally, former U.S. citizens and long-term residents who have previously been subject to U.S. tax on worldwide income are explicitly ineligible for the Platinum Card. As of February 2026, no implementation date has been announced, and prospective applicants should treat the Platinum Card as speculative until formal regulations are published.
Frequently Asked Questions
Not without Congressional action. The EB-5 program was created by statute—the Immigration Act of 1990—and has been reauthorized through the EB-5 Reform and Integrity Act of 2022, which extends the regional center program through September 30, 2027. While Commerce Secretary Howard Lutnick has stated the Gold Card is intended to replace EB-5, legal experts widely agree that the president cannot unilaterally terminate a Congressionally authorized program. The two programs currently operate in parallel, and investors can choose either pathway.
The $15,000 DHS processing fee is explicitly non-refundable. If a court issues an injunction or invalidates the Gold Card program, applicants who have already paid this fee would likely lose it. The $1 million gift is only submitted after successful vetting, so applicants who have not yet reached that stage would not lose the larger amount. However, the government has provided no guidance on refund procedures in the event of program termination.
Not necessarily. The Gold Card uses EB-1 and EB-2 visa numbers, which are subject to per-country limits. Indian nationals face existing backlogs in the EB-2 category. By contrast, EB-5 rural TEA reserved visas are currently available with no backlog for Indian applicants. An Indian investor who files an EB-5 rural TEA petition with concurrent I-485 could receive a green card faster than a Gold Card applicant classified under EB-2 NIW. The comparison depends on which classification DHS assigns and current visa bulletin dates.
Potentially, yes. EB-5 investments must be “at risk”—meaning there’s no guaranteed return—but most regional center projects are structured as loans to development projects, and many investors do recover their capital after the investment sustainment period (at least two years) and the project’s loan term (typically five to seven years). Returns vary by project. The Gold Card’s $1 million payment, by contrast, is classified as a “gift” to the U.S. government with no expectation of return.
The Gold Card program has not indicated a conditional residency period. EB-5 investors receive a two-year conditional green card and must file Form I-829 to remove conditions by demonstrating that the investment was sustained and the required jobs were created. If the Gold Card truly bypasses conditional status, it would be one clear procedural advantage—but this has not been explicitly confirmed in published USCIS guidance.
As of February 2026, the government has not confirmed whether Gold Card applicants already in the United States can use adjustment of status (Form I-485) rather than consular processing. For EB-5, concurrent filing is explicitly available: investors in the U.S. on valid nonimmigrant status can file I-485, I-765 (EAD), and I-131 (advance parole) simultaneously with their I-526E petition, receiving work and travel authorization within two to six months.
The EB-5 Reform and Integrity Act mandates that investment amounts be adjusted for inflation every five years starting in January 2027. The exact new amounts have not been published, but investors who file I-526E petitions before September 30, 2026 are grandfathered under the current $800,000 (TEA) and $1,050,000 (non-TEA) thresholds regardless of future increases.
The Corporate Gold Card allows a U.S. or foreign company to sponsor an employee for permanent residency by paying a $2 million gift plus $15,000 processing fee. If the sponsored employee leaves, the corporation can transfer the sponsorship benefit to a new employee without another $2 million payment—though a 5% transfer fee ($100,000) and 1% annual maintenance fee ($20,000/year on the $2 million) apply. The new employee must still undergo DHS vetting.
The Gold Card is available to nationals of all countries, but case processing for applicants from 19 “high risk” countries was reportedly paused as of the program’s launch. Additionally, applicants from countries with significant EB-1 or EB-2 backlogs (primarily India and China) may face wait times of “a year or more” according to the official TrumpCard.gov website, even after petition approval, due to per-country visa limits.
There is no rule preventing an individual from filing both a Gold Card application and an EB-5 petition. However, the financial burden of pursuing both—$1 million non-refundable gift plus $800,000 at-risk investment—makes this impractical for most investors. Some attorneys have suggested filing EB-5 first (to secure an early priority date and grandfathering protection) while monitoring Gold Card developments, then deciding which path to pursue based on how the legal challenges unfold.
📚 Official Sources
- Trump Gold Card Official Website — TrumpCard.gov
- USCIS — EB-5 Immigrant Investor Program
- U.S. Department of State — Visa Bulletin (January 2026)
- EB-5 Reform and Integrity Act of 2022 — Congress.gov
- USCIS — Form I-526/I-526E (EB-5 Petition)
- USCIS — EB-1 Extraordinary Ability Visa
- Fragomen — Gold Card Permanent Residence Program Analysis
- EB5 Investors — Lawsuit Challenges Legality of Gold Card
This article is for informational purposes only and does not constitute legal or financial advice. Immigration laws, executive orders, and program rules can change rapidly. The Trump Gold Card program faces active legal challenges that could affect its availability. Consult a qualified immigration attorney before making investment or immigration decisions. VisaVerge.com is not affiliated with the U.S. government, USCIS, or any regional center.
