Lawsuit Filed Against Trump’s ‘Gold Card’ Visa Program in the United States

A coalition of immigration policy researchers and labor organizations has filed a lawsuit challenging former President Donald Trump’s proposed “Gold Card” visa program, arguing that it unlawfully prioritizes wealthy applicants over merit-based immigrants.

The case was filed in the U.S. District Court for the District of Columbia and is the first legal challenge to target the program since its announcement.

According to the complaint, the Gold Card initiative allows affluent foreign nationals to fast-track permanent residency in the United States by making large financial contributions, potentially disadvantaging highly skilled professionals such as scientists, doctors, and researchers who qualify under existing merit-based immigration categories.

The program was introduced through an executive order issued by Trump. Under its framework, a contribution of $1 million to the U.S. Treasury—or $2 million through corporate sponsorship—is treated as evidence of “extraordinary ability” (EB-1A) or “national interest” (EB-2 NIW). Each application also carries a $15,000 processing fee. Family members, including spouses and children under 21, are required to pay the same contribution and processing fees individually.

The lawsuit notes that U.S. immigration law imposes strict annual limits on the number of green cards issued. Employment-based green cards are capped at 140,000 per year, subject to per-country limits of 7 percent, with allocation typically based on filing priority dates.

Plaintiffs argue that giving preference to applicants based on payment undermines the existing employment-based immigration system and delays or blocks access for qualified professionals who rely on skill, education, and experience rather than wealth.

The complaint raises several legal objections. It claims federal agencies exceeded their statutory authority by implementing the program without congressional approval. It also alleges that replacing merit-based standards with wealth-based criteria violates long-standing immigration policy. Additionally, the lawsuit argues that the administration failed to provide a reasoned justification for such a significant policy shift and did not follow required public notice-and-comment procedures under administrative law.

The plaintiffs further contend that no existing statute permits financial contributions to be used as proof of eligibility for EB-1A or EB-2 NIW visas, nor does the law authorize premium processing or special fees based solely on monetary payments. They also argue that the executive branch lacks authority to raise revenue by selling immigration benefits through payments to the Treasury or Commerce Department.

The coalition is asking the court to declare the Gold Card program unlawful, block new applications, halt further implementation, and prohibit the use of financial contributions as a basis for immigration eligibility.

Legal experts say a ruling against the program could have significant implications for thousands of highly skilled foreign nationals who have remained on long green card backlogs for years, particularly applicants from countries such as India.