The Trump Gold Card Program - Ins and Outs

 

President Trump formally instituted the Trump Gold Card Program through the Executive Order 14351 in September 2025. This program offers a potentially fast-track route to U.S. permanent residency for foreign nationals.  Marketed as a "merit-based" overhaul, the program seeks to replace traditional, achievement-heavy evidentiary standards for the EB-1A (Extraordinary Ability) and EB-2 NIW (National Interest Waiver) categories with a direct financial contribution to the U.S. Treasury.  

The Cost of Entry: A Story of Two Cards

Under the new Gold Card Program, the path to residency is no longer based on outstanding achievements such as peer-reviewed articles or international awards, but with what the administration calls "unrestricted gifts" to the nation.

The Gold Card: Individual and Corporate Paths

An individual looking to secure a Green Card through the Gold Card program must first pay a non-refundable $15,000 processing and vetting fee just to open the door. Once the initial background check is cleared, the applicant is required to make a one-time, irrevocable gift of $1 million. If you are bringing a family, the math becomes aggressive: each dependent (spouse or child) requires their own $1 million gift and $15,000 fee.

For businesses, the Corporate Gold Card allows an employer to sponsor a key executive for a $2 million gift. A unique feature of the corporate version is "transferability"—if the original employee leaves the company, the corporation can potentially transfer the sponsorship slot to a new hire, though the new individual must still pass a separate $15,000 vetting process.

The Platinum Card: Coming Soon

The administration has also proposed the Platinum Card, designed for the ultra-wealthy who desire access to the U.S. without the full burden of its global tax system. For a $5 million contribution, participants are promised the right to reside in the U.S. for up to 270 days per year. 

The "crown jewel" of the Platinum Card is a proposed exemption from U.S. taxes on non-U.S. income. Traditionally, a Green Card holder is taxed on their worldwide income regardless of where they live. The Platinum Card proposes to allow participants extended stays without triggering the "Substantial Presence Test" that usually intertwines global assets in the U.S. tax net.

Legal and Procedural Issues

Despite the glossy rollout at TrumpCard.gov, the program's legal validity is still murky.  

Seperation of Power: The primary legal concern is whether the Executive Branch has the authority to effectively "sell" merit-based visas. The Immigration and Nationality Act (INA) defines EB-1A and EB-2 NIW based on specific criteria like "sustained national or international acclaim" or "national interest."  Can the Executive Branch rewrite the law - a power reserved for Congress - by treating million dollar gifts as a substitute for professional achievement?  The tax benefits proposed by the Platinum Card will also require changes in the Tax Code by Congress.

Litigation Risks: The Gold Card program may also be challenged in court by EB1A and EB-2 NIW applicants who cannot afford to pay the substantial fees.  Other affected parties, such as EB-5 program applicants, may also file lawsuits against the program.  If so, the pending cases could be frozen.  

Financial Risks:  Unlike the EB-5 program, where capital is "at risk" but theoretically returnable, the Gold Card requires an irrevocable gift and fees are likely non-refundable regardless of the outcome of the case.

Participate Now or Wait-and-See?

If you only have a "marginal" profile who might not otherwise win an EB-1A case, and you have $1 million in "disposable" capital that you are willing to lose in exchange for a chance at immediate processing, the Gold Card could be your solution. 

Whether one wants to participate in the Gold Card program now or later is an individual decision. Applicants should understand that the Gold Card does not create new visas; it uses the existing 140,000 annual employment-based quota. If there is a high volume of Gold Card approvals, it could worsen retrogression (backlogs) for traditional merit-based applicants, particularly for those from high-demand countries like India and China.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

January 2026 Visa Bulletin: EB Priority Dates Advance

In the January 2026 Visa Bulletin, the employment-based priority dates advance for all countries across all preferences. In particular, India EB-1 advances by nearly a year.  

USCIS will accept I-485 adjustment of status (green card) applications based on the Dates of Filing chart for both family-based and employment-based categories in January 2026.

AD: Dates for Final Action (Green Card Approval)  

FD: Dates for Filing Applications Only

Family-based		Other Countries	China	India	Mexico	Philippines
F1	AD	11/08/2016	11/08/2016	11/08/2016	09/01/2006	03/01/2013
	FD	09/01/2017	09/01/2017	09/01/2017	09/01/2007	04/22/2015
F2A	AD	02/01/2024	02/01/2024	02/01/2024	02/01/2023	02/01/2024
	FD	10/22/2025	10/22/2025	10/22/2025	10/22/2025	10/22/2025
F2B	AD	12/01/2016	12/01/2016	12/01/2016	11/15/2008	12/22/2012
	FD	03/15/2017	03/15/2017	03/15/2017	11/15/2009	10/01/2013
F3	AD	09/08/2011	09/08/2011	09/08/2011	05/01/2001	03/01/2005
	FD	07/22/2012	07/22/2012	07/22/2012	07/01/2001	02/01/2006
F4	AD	01/08/2008	01/08/2008	11/01/2006	04/08/2001	07/22/2006
	FD	03/01/2009	03/01/2009	12/15/2006	04/30/2001	01/15/2008

1st: Unmarried Sons and Daughters of Citizens (about 23,400 per year).
2A: The 2 “A” preference is for Spouses and Children (under 21 & unmarried) of LPR's.
2B: The 2 “B” Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.
3rd: Married Sons and Daughters of Citizens (about 23,400 per year)
4th: Brothers and Sisters of Adult Citizens. (about 65,000 per year)

Employment-based		Other Countries	China	India	Mexico	Philippines
EB-1	AD	C	02/01/2023	02/01/2023	C	C
	FD	C	08/01/2023	08/01/2023	C	C
EB-2	AD	04/01/2024	09/01/2021	07/15/2013	04/01/2024	04/01/2024
	FD	10/15/2024	01/01/2022	12/01/2013	10/15/2024	10/15/2024
EB-3	AD	04/22/2023	05/01/2021	11/15/2013	04/22/2023	04/22/2023
	FD	07/01/2023	01/01/2022	08/15/2014	07/01/2023	07/01/2023
Other Workers	AD	09/01/2021	12/08/2018	11/15/2013	09/01/2021	09/01/2021
	FD	12/01/2021	10/01/2019	08/15/2014	12/01/2021	12/01/2021
EB-4	AD	01/01/2021	01/01/2021	01/01/2021	01/01/2021	01/01/2021
	FD	03/15/2021	03/15/2021	03/15/2021	03/15/2021	03/15/2021
EB-5	AD	C	08/15/2016	05/01/2022	C	C
	FD	C	08/22/2016	05/01/2024	C	C

1st: Priority Workers (Extraordinary ability aliens, multinational companies' executives/managers, outstanding prof./researchers)
2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.
3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)
4th: “Special Immigrants” (Religious & others)
5th: Employment Creation (Investors)
*China and India EB-5 visa numbers for rural, high unemployment & infrastructure areas/projects are current.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Department of State Tightens Residency Requirements for Visa Applicants

In a major shift affecting international travel and immigration processing, the U.S. Department of State (DOS) has announced stricter location requirements for both immigrant and nonimmigrant visa applicants. The days of freely choosing a "third-country" consulate with shorter wait times—often referred to as "visa shopping"—appear to be effectively over.

On December 12, 2025, the DOS has released two separate announcements detailing these changes, which prioritize adjudicating applications in the applicant's country of residence or nationality. Here is what you need to know about the new landscape for U.S. visas.

1. Immigrant Visas: Residency Rules Strictly Enforced

Effective November 1, 2025, the National Visa Center (NVC) will strictly schedule immigrant visa (IV) appointments based on the consular district of the applicant's place of residence.   Applicants are now required to interview in the district where they reside. While they may request their country of nationality, they can no longer simply choose a convenient third country.  However, if your appointment has already been scheduled, it will generally not be cancelled or rescheduled under this new policy.

Case Transfers: If you have already been scheduled but wish to move your case to a new district (e.g., you have moved), you must contact the NVC directly via their Public Inquiry Form. You should not contact the embassy directly.

Verification: If you request an interview in a location that is not your assigned district or country of nationality, the NVC may pause processing to request proof of residence or justification for an exception.

2. Nonimmigrant Visas (Tourist, Student, H-1B, etc.)

Effective immediately, the DOS has updated its instructions to state that nonimmigrant visa (NIV) applicants "should schedule" their appointments in their country of nationality or residence.  While the language for NIVs is slightly softer than for IVs, the practical implications are severe for those attempting to apply as "Third Country Nationals" (TCNs):

The DOS warns that it may be "more difficult to qualify" for a visa outside your home country.

Financial Risk: If you are denied or turned away, visa fees are non-refundable and non-transferable.

Longer Wait Times: Applicants applying outside their country of residence should expect "significantly longer" wait times compared to residents.

Proof of Residence: If you apply in a country claiming it is your residence, be prepared to demonstrate proof of that residency.

Exceptions: These new NIV restrictions do not apply to diplomatic or official visas (A, G, C-2, C-3, NATO, or UN Headquarters travel).

3. What if My Country Has No U.S. Embassy? (The "Homeless Nationalities")

The DOS recognizes that routine visa operations are suspended in several countries (e.g., Russia, Iran, Venezuela). For nationals of these countries, the DOS has assigned specific Designated Processing Posts. You are not free to choose any embassy; you must go to the one assigned to your country.  For example, Russian nationals must apply for immigrant visas at Warsaw, while North Koreans must apply at Guangzhou.

Conclusion

These changes represent a clear effort by the Department of State to standardize processing and reduce the administrative burden on consulates that have been overwhelmed by third-country nationals. If you are planning to apply for a visa, you should apply where you live. Attempting to bypass wait times by booking an appointment in a third country now carries a high risk of denial, lost fees, and indefinite delays.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

URGENT ALERT: New H-1B Vetting Rules & Visa Appointment Cancellations

 

On December 3, 2025, the Department of State (DOS) announced a major expansion of its "online presence review" requirements. Effective December 15, 2025, consular officers will be required to conduct mandatory online reviews of H-1B and H-4 applicants—a protocol previously implemented largely for student and exchange visitors (F, M, and J visas).  As a result, many visa appointments have been rescheduled. 

The New Mandate: Go Public

Perhaps the most significant change in this directive is the instruction regarding privacy settings. The DOS is not just asking for your social media handles (a requirement that has existed for some time on the DS-160 form); they are now instructing applicants to set their social media accounts to "Public."  

Who is subject to the new review requirements?

• H-1B and H-4 Applicants (Effective Dec 15, 2025)
• F, M, and J Applicants (Already effective as of June 2025)

The goal is to facilitate a thorough screening of your background. If your accounts are locked or private, you may face delays or questions regarding your willingness to comply with vetting procedures.

What Are Consular Officers Looking For?

The Department of State has issued specific guidance to consular officers regarding what constitutes a security risk.

A cable accompanying the announcement instructs officers to review LinkedIn profiles and resumes specifically to see if the applicant, or their family members, have performed work in areas that include “activities such as misinformation, disinformation, fact-checking, compliance and online safety, among others.”

The guidance takes a hard stance on free speech issues. It states that if a consular officer uncovers evidence that an applicant was "responsible for, or complicit in, censorship or attempted censorship of protected expression in the United States," the officer should pursue a finding that the applicant is ineligible for the visa under the Immigration and Nationality Act (INA).

What should visa applications expect and do?

Potential Processing Delays: With consular officers now required to manually review the online presence of thousands of H-1B and H-4 applicants, we anticipate increased processing times. If your online footprint is extensive, your case may be placed in "Administrative Processing," delaying your visa stamp by weeks or months.

Check your Employment Information: Officers will likely compare your public LinkedIn history against the employment history you listed on your DS-160 and your petition support letter. Discrepancies (e.g., job titles, dates of employment, or descriptions of duties) can raise credibility concerns.

Audit Your Online Presence: Review your public social media profiles. Ensure that your job history on LinkedIn matches the forms you submitted to the consulate. While you should review your content, be cautious about mass-deleting or altering information after you have submitted your application. Removing material to conceal information can be viewed as a lack of candor or misrepresentation.

Check Your Privacy Settings: Be prepared to temporarily set your profiles to "Public" during the visa application window, as instructed by the new directive.

Be Ready to Explain: If you have worked in fields related to content moderation, fact-checking, or online safety, be prepared to clearly explain your duties during your interview to distinguish your work from "censorship" activities defined in the new guidance.

Expect Reschedulling of Visa Appointments:  Beginning December 8, 2025, some H1B and H4 visa appointments in India and China have been rescheduled to 2026.  It is possible that consulate offices in other countries may also reschedule visa appointments. 

Conclusion

The new visa vetting rules will further disrupt foreign workers' ability to travel and obtain a visa to return to the U.S. Foreign workers should refrain from international travel unless it is absolutely necessary. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

USCIS to Reduce EAD Validity Periods to 18 months or Less

 USCIS announced today a reduction in the validity periods of various Employment Authorization Documents (EADs) as follows:

The maximum validity period for initial and renewal EADs for the following categories will be changed from 5 years back to 18 months: 

• Aliens admitted as refugees;
• Aliens granted asylum;
• Aliens granted withholding of deportation or removal;
• Aliens with pending applications for asylum or withholding of removal;
• Aliens with pending applications for adjustment of status under INA 245; and
• Aliens with pending applications for suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act.

This change affects all EAD applications that are pending or filed on or after Dec. 5, 2025, and based on any of the above categories.

USCIS is also adjusting the validity periods of the other EAD categories, based on the "One Big Beautiful Bill Act," signed into law on July 4, 2025 by the President. The validity period for initial and renewal employment authorization documents will be one year or the end date of the authorized parole period or duration of Temporary Protected Status (TPS), whichever is shorter for the following categories:

• Aliens paroled as refugees;
• Aliens granted TPS;
• Aliens granted parole;
• Aliens with a pending TPS application; and
• Alien spouse of entrepreneur parole.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Risk of ICE Arrests at Immigration Hearings and Interviews

 

For foreign nationals seeking legal status or fighting deportation, voluntarily appearing at a government office—whether an Immigration Court or a USCIS field office—is often a necessary step. However, a significant policy shift has turned these spaces into potential enforcement locations, creating a heightened and complex risk of arrest.

Current Policy and Enforcement Locations

Historically, immigration enforcement was often avoided in "sensitive locations" like schools, hospitals, and places of worship. While U.S. Citizenship and Immigration Services (USCIS) offices and Immigration Courts are considered part of the civil immigration process, the policy concerning enforcement in or near courthouses has varied significantly. 

Under the current administration, ICE agents are allowed to conduct arrests at various locations, including Immigration Courts and USCIS offices.  At Immigration Courts, Arrests usually occur when individuals are appearing for scheduled removal proceedings. These often involve individuals who are undocumented or have temporary status. At USCIS Interviews,  arrests may occur at interviews for immigration benefits (like a Green Card, Adjustment of Status, or Naturalization) when the application is denied, or the applicant is discovered to have a basis for removal.

Risk Profile: Who Faces the Highest Risk of Arrest?

The risk of being detained by ICE at a scheduled appearance is highly dependent on a person’s existing legal posture and history.  

• Individuals in Immigration Court Proceedings

Those already in removal proceedings face the highest risk, particularly due to a tactic employed by ICE attorneys. ICE may ask the Immigration Judge to dismiss a non-citizen's case (often against the non-citizen’s wishes) in order to subject them to Expedited Removal outside the courthouse. This process is used for certain non-citizens and bypasses the Immigration Court entirely, allowing for fast-track deportation. Detention is far more likely once a case is dismissed for this purpose.

Furthermore, individuals who have been physically present in the U.S. for less than two years are especially vulnerable to this dismissal tactic, as they are generally subject to Expedited Removal if encountered without lawful status. Finally, any individual who has a final order of deportation/removal from an Immigration Judge is subject to immediate arrest and removal if encountered by ICE, making them a primary target.

• Applicants at USCIS Interviews

Individuals who applied for a USCIS benefit (like a Green Card or Citizenship) face a high risk of arrest if they are found to be ineligible or to have a past undisclosed violation (such as a long overstay or past fraud) that renders them removable. In such cases, ICE agents may be present at the interview to detain the applicant following the denial and immediately place them into removal proceedings.

• Past Violations and Status

While ICE enforcement priorities officially target those who pose a risk to public safety or national security, reports indicate that ICE may also detain people with no criminal record or only minor charges.  Foreign nationals have overstayed their visa status may also be arrested and detained.  Having a criminal history significantly increases the likelihood of being targeted. If a foreign national is in a clear, current legal status, has no violations, and is simply attending a routine interview or check-in, the risk is generally minimal, but risk can still arise if a background check reveals a previously unknown issue.

Preparing for an Appearance

A person who is undocumented, has overstayed a visa, or has past immigration violations should consult with a qualified immigration attorney before attending any USCIS interview or Immigration Court hearing.  Under the guidance of an attorney, such individual should prepare for the possibility of detention, including memorizing the phone number of a trusted contact and preparing a plan for childcare or critical affairs in case of immediate detention.  Remember that all persons in the U.S. have the right to remain silent and should not sign any documents they do not understand.

Legal Recourse Following Detention

Following an arrest by ICE, an individual has several potential avenues for legal recourse, though the options are often limited and dependent on the specific circumstances of their detention and case.  These options include bond hearings, Writ of Habeas Corpus, continuation of removal proceedings and filing relief applications (e.g., asylum, cancellation of removal, adjustment of status).

The policy of conducting immigration arrests at courthouses and immigration interviews creates a "chilling effect," causing people to fear accessing the very legal processes designed to resolve their status. Awareness of the risks and preparation is the essential first line of defense.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)