Trump's Gold Card Visa Faces Legal Challenges and Low Interest
By John Nada·May 9, 2026·4 min read
Trump's Gold Card visa program struggles with low interest and legal challenges, undermining its goal of attracting wealthy investors to the U.S.
The Gold Card visa program, launched by President Donald Trump, is struggling to attract significant interest despite its promise of expedited U.S. residency for wealthy investors. A recent court filing revealed that just 338 applications have been submitted, with only 165 paying the processing fee, undermining initial projections of 80,000 visas and over $100 billion in revenue from the program. The Gold Card was intended to capitalize on the growing trend of high-net-worth individuals seeking residency in the U.S.
amid geopolitical turmoil and tax hikes in their home countries. However, the Department of Homeland Security (DHS) has stated that Gold Card applicants will not receive expedited processing compared to traditional visa applicants. This revelation contradicts earlier assurances from the program's proponents, raising questions about its viability and legal standing. A sign with an image of U.S.
President Donald Trump that reads "Trump Gold Card" was prominently displayed in the Oval Office, signaling the administration's commitment to this new initiative. When the program was launched last December, the official website promised U.S. residency in "record time," encouraging wealthy individuals to invest in the U.S. economy in exchange for faster access to residency.
However, the recent court filing has contradicted these promises, revealing that applicants who pay $1 million for a Gold Card will not receive faster visas than those applying through traditional routes. The Gold Card, touted as a new kind of investment visa designed to raise revenue and attract tens of thousands of overseas millionaires and billionaires to the U.S., has been plagued by delays and legal questions from its inception. Commerce Secretary Howard Lutnick had predicted that the government would issue 80,000 Gold Cards and raise more than $100 billion in revenue, yet the reality of the situation starkly contrasts these optimistic projections. The Department of Homeland Security disclosed that only 338 individuals have submitted applications, with a mere 165 paying the $15,000 visa processing fee.
The court filing also contradicted the government's prior statements on processing time. A key selling point for the Gold Card was rapid approval; the website had promised visas in "a matter of weeks." Yet, DHS stated that Gold Card applicants will not necessarily have their petitions adjudicated faster than non-Gold Card applicants. Craig Becker, managing counsel for the Affirmative Litigation Democracy Defenders Fund, who is involved in litigation against the Gold Card's legality, noted that the contradiction raises concerns about the program's precarious legal standing. He emphasized that the White House had to promise a fast-track process to generate interest, but now faces challenges in defending the program against claims that it displaces qualified applicants from established visa categories.
The ongoing lawsuit from the American Association of University Professors highlights the legal complexities surrounding the Gold Card program. The lawsuit asserts that the Gold Card could limit opportunities for merit-based applicants by displacing them from existing EB-1 and EB-2 visa categories, which are reserved for individuals with extraordinary abilities or national interest. As Becker stated, "The program is clearly unlawful," asserting that it undermines the merit-based nature of these visa categories. Despite these concerns, DHS has contended that the Gold Card program will not impact EB-1 and EB-2 applicants, claiming there are more than enough visas available and that the Gold Card has its dedicated processing staff.
Immigration attorneys have noted that the lack of clarity around processing times and legal status contributes to hesitance among potential applicants. The confusion surrounding eligibility and wait times has left many wealthy individuals wary of investing their $1 million until the Gold Card is tested in courts or approved by Congress. Reaz Jafri, CEO of Dasein Advisors, emphasized that without expedited processing, the Gold Card is unlikely to attract individuals from countries already facing visa backlogs. He noted, "With expedited processing, it would have been very attractive to all and a game changer." In stark contrast to the Gold Card's struggles, the EB-5 program is witnessing a surge in applications.
This existing investment visa program, which provides U.S. residency in exchange for an investment of $800,000 to $1 million that creates at least 10 full-time jobs, has become increasingly appealing. Observers suggest that the troubles of the Gold Card could further fuel interest in the EB-5 program, indicating a shifting landscape in the realm of investment immigration options. The increasing number of millionaires and billionaires seeking residency in other countries underscores the urgency of the situation.
According to Henley & Partners, the number of millionaires expected to move to another country in 2026 is projected to reach 165,000, driven by geopolitical turmoil, tax hikes on the wealthy, and political discord. America continues to be a sought-after destination for the global elite, yet the existing EB-5 program has its own challenges, including long waiting lists and backlogs.