Gold Card vs EB-1A and NIW: what the $1 million route actually changes

As of October 21, 2026, the short answer on Gold Card vs EB-1A and the EB-2 national interest waiver (NIW) is that the Gold Card replaces neither: it is a paid route into those same two categories. Executive Order 14351 tells agencies to treat a $1 million gift to the Department of Commerce as evidence of eligibility for EB-1 extraordinary ability and the EB-2 NIW (Executive Order 14351, 90 FR 46031). USCIS takes Form I-140G, edition 09/11/26, online only, from applicants who have registered on trumpcard.gov and had their submission accepted (USCIS, Form I-140G page). Because Gold Card holders use EB-1 and EB-2 visa numbers, the money changes the evidence, not the queue.

What is the Gold Card, and how does it relate to EB-1A and the NIW?

President Trump signed Executive Order 14351, "The Gold Card," on September 19, 2025, and it was published in the Federal Register on September 24, 2025 (90 FR 46031). It sets the gift at $1 million for an individual donating on their own behalf and $2 million for a corporation donating on behalf of an individual (Executive Order 14351, sec. 2(a)). The key instruction is in section 2(b):

"treat the gift specified in subsection (a) of this section as evidence of eligibility under 8 U.S.C. 1153(b)(1)(A), of exceptional business ability and national benefit under 8 U.S.C. 1153(b)(2)(A), and of eligibility for a national-interest waiver under 8 U.S.C. 1153(b)(2)(B)." Executive Order 14351, sec. 2(b) (Sept. 19, 2025)

Section 1153(b)(1)(A) is the EB-1 extraordinary ability category, the one EB-1A self-petitioners use, and 1153(b)(2)(B) is the national interest waiver (8 CFR 204.5(h)(1) and (k)(1)). The USCIS instructions for Form I-140G confirm that no new category was created:

"The Gold Card program provides eligibility for two separate employment-based immigrant visa classifications: first preference alien with extraordinary ability; and second preference alien of exceptional ability who is seeking a National Interest Waiver (NIW)." USCIS, Form I-140G Instructions (edition 09/11/26), page 1

The same instructions say USCIS adjudicates the petition and the State Department may assign either classification at the visa stage (Form I-140G Instructions). The official program site says a successful applicant receives permanent residence "as an EB-1 or EB-2 visa holder" (trumpcard.gov).

Gold Card vs EB-1A and NIW: how do the requirements compare?

The difference is what you have to prove. An EB-1A petition must show "sustained national or international acclaim," through a one-time major award or at least three of the ten regulatory criteria (8 CFR 204.5(h)(3)). An NIW petition must first qualify for EB-2 and then meet three prongs: substantial merit and national importance, being well positioned to advance the endeavor, and a balance favoring a waiver (USCIS Policy Manual, Vol. 6, Part F, Ch. 5). A Gold Card petition instead must show you have enough lawfully obtained funds for the gift and that the transfer will comply with U.S. law (Form I-140G Instructions).

Sources for the table: the EB-1A and NIW tests and self-petitioning rules (8 CFR 204.5(h) and (k)); Form I-140 fees (USCIS Form G-1055, edition 10/16/26); the Form I-140G fee, filing method and gift amounts, including $1 million for each accompanying spouse or child (USCIS, Form I-140G page) (Form I-140G Instructions); the admissibility requirement (trumpcard.gov).

The gift is not an investment. The order calls it an "unrestricted gift" to the Commerce Department, deposited in a separate Treasury fund (Executive Order 14351, sec. 2). The $15,000 fee is kept "regardless of the action taken on your petition or how long it takes to issue a decision" (Form I-140G Instructions). For a self-petitioning principal with a spouse and two children, that is $4 million in gifts plus $60,000 in fees, by the per-person amounts above.

Does the Gold Card skip the green card backlog?

No. Gold Card petitions draw on the same annual EB-1 and EB-2 numbers, subject to the per-country limits, and the order itself directs implementation consistent with "the limits on the numbers of visas specified in 8 U.S.C. 1151 et seq." (Executive Order 14351, sec. 3). The Form I-140G instructions tell applicants that the wait may differ between the two categories and to check the State Department's Visa Bulletin (Form I-140G Instructions). The government put it plainly in court, quoting a sworn declaration:

"the visa availability will be identical for all applicants in the same category who have the same priority date and country of chargeability" Parker Decl. ¶ 18, quoted in Defendants' Motion to Dismiss, AAUP v. DHS, No. 1:26-cv-00300 (D.D.C.), ECF No. 34, at 21 (June 25, 2026)

In the same filing, the government said a Gold Card applicant's visa "could be adjudicated more swiftly" than a comparable applicant's, but that an ordinary EB-1A or EB-2 applicant with the same priority date "could see his or her visa adjudicated more quickly than the Gold Card applicant" (ECF No. 34, at 21). It also noted that as of June 2026 the only countries for which EB-1 and EB-2 were not current were China and India (ECF No. 34, at 15). Even trumpcard.gov warns that "a small number of countries may have wait times of up to a year or more based on visa availability" (trumpcard.gov).

So for someone born in India or China, a Gold Card buys a different way to prove eligibility, not a place ahead of people already waiting. Your priority date and country of chargeability still set your position, which is explained in our guide to EB-1 priority dates and retrogression. Category-wide limits hit Gold Card applicants too: a government declaration said the worldwide EB-2 limit was reached on August 25, 2026, with numbers returning at the start of fiscal year 2027 (Defendants' Reply, ECF No. 43, at 19).

How fast is the Gold Card in practice?

The program's own site says that once the fee and application are received, "the process should take weeks" (trumpcard.gov). The government's sworn figures in the lawsuit show a slower and stricter process so far. As of August 20, 2026, out of 88 Form I-140G petitions, seven were denied, five were withdrawn, 38 had a conditional approval and three had a final approval (Defendants' Reply, ECF No. 43, at 20). The same filing reported that only three petitions were approved without a request for evidence, a 97% RFE rate, and notes that USCIS "requires substantial evidence to establish the lawfulness of the [gift] funds" (ECF No. 43, at 22).

The source-of-funds file is heavy. For income-based funds, the instructions list complete bank records covering at least five years and at least three years of tax returns (Form I-140G Instructions, Part 3). Corporate petitioners must add an organizational chart and, for each of the last three years, at least one of: U.S. federal tax returns, annual reports or audited financial statements (Form I-140G Instructions).

Compare that with the regular route. Premium processing is available for Form I-140 in the EB-1 extraordinary ability (E11) and EB-2 NIW classifications, with adjudicative action within 15 business days for E11 and 45 business days for NIW (USCIS, How Do I Request Premium Processing?). The fee is $2,965 (Form G-1055). Neither page lists Form I-140G.

Can you get a Gold Card while living in the US?

Not through adjustment of status, under the current instructions. Once the I-140G is approved and a visa number is available, the beneficiary and family "must complete immigrant visa processing at a U.S. embassy or consulate abroad" (Form I-140G Instructions, page 1). The gift is wired to Commerce after the visa interview and before the visa is issued (Form I-140G Instructions). The executive order did call for a process covering adjustment of status, but the published instructions provide only for consular processing (Executive Order 14351, sec. 3(a)).

That matters for H-1B and O-1 workers. An EB-1A or NIW beneficiary whose visa number is immediately available can file Form I-485 together with or after the I-140 (8 CFR 245.2(a)(2)(i)(B)). Filing is not approval, though: USCIS Policy Memorandum PM-602-0199 of May 21, 2026 calls adjustment of status "an extraordinary discretionary relief," while acknowledging exceptions "including nonimmigrant categories with dual intent" (USCIS, PM-602-0199). Taxes are the same either way: trumpcard.gov says that, as with all U.S. citizens and permanent residents, applicants "will be subject to U.S. tax, including on non-U.S. income" (trumpcard.gov). The site lists a separate $5 million Platinum Card as "coming soon," and says people who have ever been subject to U.S. tax on non-U.S. income, such as U.S. citizens and resident aliens, are not eligible for it (trumpcard.gov).

What is the Gold Card lawsuit about, and is the program still running?

The American Association of University Professors and six individual visa applicants sued on February 3, 2026, in AAUP v. DHS, No. 1:26-cv-00300, in the U.S. District Court for the District of Columbia (Complaint, ECF No. 1). They argue the program treats a payment as evidence for EB-1A and EB-2 eligibility contrary to the statute, and ask the court to declare it unlawful and stop it (Complaint, ECF No. 1). An amended complaint filed May 18, 2026 added the United Automobile, Aerospace, and Agricultural Implement Workers of America (UAW) as a plaintiff; the original complaint did not name the UAW (Defendants' Reply, ECF No. 43) (Complaint, ECF No. 1).

The government's motion asks the court to dismiss the case for lack of jurisdiction, arguing that the plaintiffs lack standing (ECF No. 34). It filed its reply on September 1, 2026, closing the briefing (ECF No. 43). We found no ruling as of October 21, 2026.

The form and revision rows rest on the USCIS form page and the Federal Register notice (USCIS, Form I-140G page) (91 FR 32074). That notice estimates 1,520 self-petitioners and 72 corporate petitioners a year (91 FR 32075). For scale, the government told the court that USCIS received 51,371 EB-1 and 116,193 EB-2 petitions in fiscal year 2025 (ECF No. 34, at 19).

What this means for you

If you are building an EB-1A or NIW case, the Gold Card is not a competitor that jumps your place in line, by the government's own account in court. It is also not a shortcut around the India and China queues; our breakdown of EB-1A and NIW wait times for Indians shows what those queues look like now. If your record already meets the EB-1A criteria or the three NIW prongs, the regular route reaches the same green card category for roughly $1,000 in Form I-140 fees, or under $4,000 with premium processing, by the fee schedule above.

The Gold Card mainly changes things for people whose wealth is easier to document than their professional record, and who can complete visa processing abroad. Whether it fits your circumstances is a question for your attorney.

Where to start

If you want to know whether your record can carry an EB-1A or NIW petition without a $1 million gift, our free evaluation at /evaluate/ compares your background with the criteria. Frank, our AI assistant at /frank, finds real opportunities for the criteria you are still missing. Petitions are reviewed and filed by our partner law firm, Lai & Turner.

Sources

All checked October 21, 2026.

• Executive Order 14351, The Gold Card, 90 FR 46031, FR Doc. 2025-18602 (Sept. 24, 2025). Signing and publication dates.
• Executive Order 14351, The Gold Card, Daily Compilation of Presidential Documents DCPD202500932 (Sept. 19, 2025). Full text: gift amounts, section 2(b) evidence rule, unrestricted gift, visa number limits, implementation steps.
• USCIS, Form I-140G, Immigrant Petition for the Gold Card Program (last updated Oct. 9, 2026). Edition date, online-only filing, trumpcard.gov registration, $15,000 per-person fee.
• USCIS, Instructions for Form I-140G (edition 09/11/26). EB-1 and EB-2 NIW classifications, gift amounts, non-refundable fee, consular processing, gift timing, source-of-funds evidence.
• trumpcard.gov (accessed Oct. 21, 2026). Program claims on timing, EB-1 or EB-2 status, country waits, tax treatment, Platinum Card.
• 8 CFR 204.5 (CFR, 2025 edition, govinfo). EB-1A evidence standard, NIW job-offer exemption, self-petitioning.
• 8 CFR 245.2 (CFR, 2025 edition, govinfo). Concurrent filing of Form I-485 with an EB-1 or EB-2 petition.
• USCIS Policy Manual, Volume 6, Part F, Chapter 5 (current as of Oct. 2, 2026). The three NIW prongs.
• USCIS, Form G-1055, Fee Schedule (edition 10/16/26). Form I-140, Asylum Program Fee and premium processing fees.
• USCIS Policy Memorandum PM-602-0199, Adjustment of Status is a Matter of Discretion and Administrative Grace (May 21, 2026). Adjustment of status as discretionary relief; dual-intent exception.
• USCIS, How Do I Request Premium Processing? (last updated Mar. 23, 2026). Premium processing timeframes for E11 and E21 NIW.
• USCIS, 30-day notice for Form I-140G, 91 FR 32074, FR Doc. 2026-10664 (May 29, 2026). Form revision, comment deadline, respondent estimates.
• Complaint, AAUP v. DHS, No. 1:26-cv-00300 (D.D.C.), ECF No. 1 (Feb. 3, 2026). Original plaintiffs (no UAW), claims and relief sought.
• Defendants' Motion to Dismiss, AAUP v. DHS, ECF No. 34 (June 25, 2026). Standing argument, identical visa availability, China and India, FY2025 petition volumes.
• Defendants' Reply, AAUP v. DHS, ECF No. 43 (Sept. 1, 2026). I-140G outcomes as of Aug. 20, 2026, 97% RFE rate, EB-2 limit reached Aug. 25, 2026, amended complaint and UAW.

Frequently asked questions

Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.