Side by side
| Gold Card | EB-5 | |
|---|---|---|
| Legal basis | Executive order; processed within EB-1/EB-2 | Immigration and Nationality Act § 203(b)(5) |
| Amount | $1,000,000 gift (individual) or $2,000,000 (corporate) | $800,000 (targeted employment area) or $1,050,000 |
| Is the money returned? | No, it is a gift | Possibly, if the investment succeeds; it must be at risk |
| Other requirements | Vetting; eligibility for EB-1 or EB-2 as applied by the agencies | Lawful source of funds; 10 full-time jobs per investor |
| Processing fee | $15,000 | I-526E $11,160; later I-829 $9,525 |
| Green card type | Permanent (as announced) | Two-year conditional, then permanent after I-829 |
| Track record | Launched late 2025; very few approvals reported | Decades of approvals; established case law |
| Legal risk | Lawsuit pending (AAUP v. DHS, filed February 3, 2026) | Regional centre programme authorized through September 30, 2027 |
How the Gold Card works (as announced)
- The applicant submits a request through the Commerce Department’s platform and pays a $15,000 non-refundable processing fee.
- DHS conducts background vetting.
- After approval, the applicant makes the $1,000,000 gift, and USCIS processes an immigrant petition in the EB-1 or EB-2 category, treating the gift as evidence of benefit to the United States.
- The applicant then completes the green card process through adjustment of status or consular processing.
A corporate version lets a company give $2,000,000 to sponsor an employee, with the possibility of transferring the sponsorship to another employee. A “Platinum Card” priced at $5,000,000, with limits on US taxation of foreign income, has been announced but would require legislation.
Open questions about the Gold Card
- Legal authority. Congress defined the EB-1 and EB-2 categories by merit (extraordinary ability, advanced degrees, national interest). The lawsuit filed in February 2026 argues the executive branch cannot use a payment to substitute for those criteria.
- Numbers and queues. The Gold Card uses the same limited EB-1 and EB-2 visa numbers as everyone else. For nationals of heavily backlogged countries, a Gold Card does not create new visa numbers.
- Taxes. A green card holder is taxed by the United States on worldwide income. This is the same for EB-5, but many wealthy applicants have found it a reason not to proceed.
- What happens if the programme is struck down after the gift is paid is not clear.
How EB-5 works
- Choose a project: a direct investment in your own business or a regional centre project. Most investors choose regional centre projects in targeted employment areas.
- Document your source of funds: every dollar must be traced to a lawful source, including funds from Turkey (salary, business profits, property sales, gifts, loans secured by your own assets).
- File Form I-526E (regional centre) or I-526 (direct investment). If you are in the US in a lawful status and a visa is available, you can file the I-485 at the same time.
- Receive a two-year conditional green card.
- File Form I-829 to remove conditions, showing that the investment was sustained and the jobs were created.
The investment amounts are scheduled for an inflation adjustment from January 1, 2027. Investors who file before then lock in the current amounts. See our guides to getting a green card by investing and the at-risk capital rules.
Which is safer for Turkish investors?
For Turkish investors, EB-5 visa numbers in the “rest of world” category are currently available, so there is no country backlog pushing them toward the Gold Card. In most cases:
- EB-5 offers a clearer legal basis, a chance of recovering the capital and decades of practice, at a lower total cost.
- The Gold Card may appeal only to applicants for whom speed is worth a non-refundable $1 million and who accept the legal uncertainty.
- E-2 as a stepping stone: many Turkish investors start with an E-2 treaty investor visa and move to EB-5 or EB-2 NIW later. See our E-2 to green card roadmap.
When to talk to a lawyer
- Before transferring money out of Turkey, because source-of-funds documentation must be planned.
- Before choosing a regional centre project.
- If you are considering the Gold Card, to understand the legal risk.
- If you have children close to 21, because age-out rules matter for timing.
Talk to Yellow Law Group. We advise Turkish investors on EB-5, E-2 and alternatives, including source-of-funds planning. Book a free case evaluation or see our EB-5 services.
Sources
- Executive Order 14351, “The Gold Card,” September 19, 2025
- INA § 203(b)(5) (8 U.S.C. § 1153(b)(5)); EB-5 Reform and Integrity Act of 2022
- VisaVerge, “Trump Gold Card 2026: only one approval amid tax hurdles,” July 27, 2026
- Washington Times, “Lawsuit challenges Trump’s ‘Gold Card’ visa for wealthy foreigners,” February 3, 2026
- USCIS, EB-5 Immigrant Investor Program
This article is general information, not legal advice, and reflects the rules as of October 1, 2026.
