New Gold Card Route to Green Cards: Here’s how it Impacts EB-1s and EB-2s

Summary

• In September 2025, the Trump administration introduced the Gold Card program through executive order.
• Media reports suggested the program would replace EB-1 and EB-2 visas, but the order does not suspend or eliminate these categories.
• The Gold Card functions as an overlay within EB-1 and EB-2, with donations treated as evidence of extraordinary or exceptional ability.
• While EB-1 and EB-2 remain intact, visa numbers will be shared, potentially affecting availability for traditional applicants.

Introduction

The Gold Card executive order, announced in September 2025, has prompted widespread discussion regarding its effect on existing employment-based immigration categories. Early reports indicated that the program could replace or suspend the EB-1 (priority workers) and EB-2 (national interest waivers, advanced degree professionals, and individuals of exceptional ability) visa categories. Statements from Commerce Secretary Howard Lutnick added to this interpretation, suggesting the Gold Card would supplant existing pathways. However, a close review of the order reveals that EB-1 and EB-2 remain intact. Instead, the Gold Card establishes a new fast-track option tied to these categories, creating additional competition for limited visa numbers.

Background

The Gold Card program was created to attract individuals and corporations capable of making significant financial contributions to the U.S. economy. Under the policy:

Individuals may qualify by donating $1 million.

Corporations may sponsor applicants through a $2 million contribution.

These donations are recognized as evidence that the applicant’s presence advances U.S. national interests. In return, Gold Card participants benefit from expedited processing toward lawful permanent residence.

The program thus adds a financial pathway to the immigration framework, aligning with broader policy goals of promoting investment and competitiveness. However, the executive order specifies that implementation must remain consistent with the Immigration and Nationality Act (INA), meaning statutory caps on EB-1 and EB-2 visas continue to apply.

Key Takeaways

What the Order Says About EB-1 and EB-2 Visas

• Despite public statements suggesting otherwise, the Gold Card executive order does not abolish or suspend EB-1 and EB-2 visas. Instead, it ties Gold Card applications directly to those categories:
• A $1 million or $2 million donation serves as evidence of extraordinary ability (EB-1) or exceptional ability with a national interest waiver (EB-2).
• Applicants are still subject to the annual numerical limits established by INA.S
• Gold Card applicants will therefore draw from the same visa pool as traditional EB-1 and EB-2 applicants.
• By design, the order creates a new evidentiary pathway rather than a new visa category. This clarification underscores that EB-1 and EB-2 continue to exist and function as before.

Media Confusion

• Confusion over the Gold Card’s impact largely stems from comments by Commerce Secretary Howard Lutnick, who was quoted as saying EB-1 and EB-2 visas would be “suspended and replaced.” Outlets such as Politico and Newsweek reported this interpretation, amplifying concerns among immigrant professionals and employers.
• However, these claims are not supported by the text of the order. Legal analysts note that if the administration intended to suspend EB-1 and EB-2, explicit language would have been required. The absence of such language indicates that the categories remain intact.
• The discrepancy suggests either a misstatement by Secretary Lutnick or a misinterpretation by media outlets. The order itself carefully avoids wording that would conflict with statutory provisions of the INA.

Legal and Practical Realities

• The EB-1 and EB-2 visa categories are codified in federal law through INA. An executive order cannot unilaterally abolish or suspend them without congressional action.
• As a result, the Gold Card functions as an overlay within the existing framework. Applicants who qualify traditionally for EB-1 or EB-2 can still pursue those routes, while Gold Card applicants enter the same pool under expedited timelines.
• The practical consequence is that Gold Card applicants will occupy a portion of the EB-1 and EB-2 annual allocations. This may reduce the availability of traditional applicants, particularly if the demand for gold cards grows significantly. Still, the core categories remain fully operational and available.

Conclusion

The Gold Card program introduces a new pathway within the U.S. immigration framework, but it does not eliminate or suspend the EB-1 and EB-2 categories. These long-established programs remain available to applicants who meet traditional eligibility standards under the Immigration and Nationality Act. Instead, the executive order allows individuals contributing $1 million or corporations contributing $2 million to use these donations as evidence of extraordinary or exceptional ability, creating a fast-track within the EB-1 and EB-2 processes. However, Gold Card applicants draw from the same visa caps, meaning their participation could reduce availability for others seeking permanent residency through these categories. While early media reports suggested a suspension of EB-1 and EB-2, this interpretation is not supported by the text of the order. Ultimately, the Gold Card adds competition but does not replace existing programs, ensuring that EB-1 and EB-2 remain intact as key employment-based immigration options.

Sources:

Employment-Based Immigration: Second Preference EB-1 – U.S. Citizenship and Immigration Services

Employment-Based Immigration: Second Preference EB-2 – U.S. Citizenship and Immigration Services

The Gold Card – The White House