By: Patricia Gannon, Esq. and Marcela Bermudez, Esq.
As we enter the New Year, USCIS sent a draft of the new form (Form I-140G) for President Trump’s gold card program, seeking approval from the Office of Management and Budget for federal review. Come the New Year, a foreign national and/or a corporate sponsor can donate to the United States Treasury that could result in a lawful permanent resident (green card) for a foreign national under the EB-1 preference category for individuals of extraordinary ability or the EB-2 national interest waivers. A donation of just $1 million would be required for individuals, while a donation of $2 million would be required for a corporate petitioner. The agency is moving toward public rollout by December 18, 2025. Details remain subject to change through the rulemaking and clearance process, but the following elements are emerging.
USCIS is expected to set an application filing fee of approximately $15,000 per principal petition. Ancillary fees for dependents, biometrics, and premium processing (if offered) may be separate. Petitioners should also budget for professional advisory costs, potential state-level filings, and ongoing reporting obligations.
With the new year approaching, applicants positioning for the Gold Card program can explore conservative, liquid investment vehicles to manage earmarked funds and near-term cash needs. U.S. Department of the Treasury instruments, such as Treasury bills, notes, and money market funds holding Treasuries, offer principal stability, daily pricing transparency, and straightforward liquidity that can align with anticipated donation timing and filing fees. Petitioners should coordinate investment choices with counsel and financial advisors to ensure documentation meets USCIS’s evidentiary standards (e.g., source of funds, account histories, transaction records) and that liquidity is available when donation and fee payments are due.
Action items: begin compliance and tax planning; identify qualifying donation channels; assemble source-of-funds evidence; and establish a liquidity plan for the $1 million to $2 million donation and the anticipated $15,000 filing fee while monitoring USCIS for final program guidance.
