What It Does / Purpose
The order creates a new visa program called the Gold Card, overseen by the Secretary of Commerce (working with the Secretaries of State and Homeland Security). Its goal is to attract immigrants who make a significant financial gift to the United States—intended to benefit U.S. commerce and industry—while tightening control over illegal immigration and reforming refugee policy.
The Financial Gift Requirement
- An individual must donate $1 million (unrestricted gift) to the Department of Commerce.
- If a corporation or similar entity makes the gift on behalf of an individual, the amount is $2 million.
What the Gift Gets You
The gift gives eligibility for an immigrant visa via an expedited process, subject to law, public safety, and national security checks.
It also counts as evidence for various visa classifications under current immigration law:
- A national‐interest waiver under 8 U.S.C. § 1153(b)(2)(B)
- Exceptional business ability and national benefit under 8 U.S.C. § 1153(b)(2)(A)
- The family / preference visa category 1153(b)(1)(A) in certain cases.
Implementation Timeline & Process
- The Secretaries of Commerce, State, and Homeland Security have 90 days from the date of the order to set up the processes: applications, expedited adjudication, begin accepting gifts, etc.
- They must set fees to cover expedited processing and maintenance/transfer fees for corporations sponsoring individuals.
Limitations, Conditions, and Safeguards
- The program must still comply with existing law; that includes numerical limits on visas under 8 U.S.C. § 1151 et seq.
- Gifts are deposited into a special fund in the U.S. Treasury; they will be used (by Commerce) for promoting U.S. commerce and industry.
- Screening for public safety and national security is explicitly required.
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