USCIS has transmitted a draft Form I-140G—the petition proposed for use under President Trump’s forthcoming Gold Card program—to the Office of Management and Budget (OMB) for mandatory federal review. OMB approval is a key prerequisite to meeting the December 18 implementation deadline set by presidential order in September.
Proposed Process
1. Gold Card application submitted to the Department of Commerce.
2. Payment of the $15,000 fee via pay.gov.
3. Filing of Form I-140G with USCIS, which would:
• Evaluate eligibility under EB-1 extraordinary ability or EB-2 NIW standards.
• Conduct lawful-source vetting of the donated funds.
Upon approval and visa availability, applicants would be required to complete consular processing to obtain an immigrant visa. While not addressed in the draft instructions, adjustment of status is expected to be available for eligible applicants already in the United States.
Highlights from Proposed Form I-140G
The proposed Form I-140G lists the types of evidence submitted to demonstrate the lawfulness of the funds, depending on the source, and requires “a list of all your and your spouse (if applicable) financial accounts, including cryptocurrency accounts.” It further requires a petitioner to identify the path of funds to the Department of Commerce.
Notably, the form states: ‘If using crypto funds, those must be traceable through blockchain with wallet identification with a known wallet exchange through regulated financial institutions. Provide your wallet identification. USCIS may request additional evidence.”
There are a number of self-attestation statements related to national security, fraud, money laundering, terrorism and the “sources of your Gold Card funds”.
The instructions to the proposed Form I-140G state:
For an individual filing Form I-140G on his or her own behalf, the required gift to the United States is $1 million for each person requesting a Gold Card, including the principal beneficiary, any accompanying spouse, and any children listed on this petition who are also requesting a Gold Card.
If a corporation or similar entity is filing Form I-140G on behalf of an individual, the required gift is $2 million for the principal beneficiary requesting a Gold Card, and $1 million per person for any accompanying spouse or children listed on this petition who are also requesting a Gold Card.
The Form I-140 also requires a corporation or similar entity petitioner to provide 3 years of company federal tax returns, annual reports, and/or audited financial statements.
USCIS will require a non-refundable $15,000 application fee per applicant.
Next Steps
The Gold Card program is not yet open. USCIS and the Department of Commerce will release additional guidance in the coming weeks as they work toward the December 18 launch.
The Administration has also referenced a related Platinum Card program on its website—allowing a foreign national who contributes $5 million to reside in the United States for up to 270 days annually without U.S. tax exposure on non-U.S. income—though no formal details or executive order have been issued.
Please contact WR Immigration to get your Gold Card application ready.
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