On February 25th, President Donald Trump made a significant announcement regarding U.S. immigration policy. He revealed plans to introduce a new permanent residency program, the "Trump Gold Card Visa," which will require a substantial investment of $5 million USD.
This move marks a major shift in the landscape of investment immigration, particularly disrupting the current EB-5 program. Under the existing EB-5 framework, the minimum investment required for a Targeted Employment Area (TEA) is $800,000, while the standard investment for a non-TEA project is $1.05 million. The introduction of the "Trump Gold Card" dramatically raises these thresholds, leaving many potential investors taken aback by this sudden escalation.
THE PURPOSE OF TRUMP'S "GOLD CARD VISA"
According to the President, the "Gold Card Visa" will offer investors Green Card privileges and a pathway to U.S. citizenship. U.S. Secretary of Commerce, Lutnick, further explained that the program is designed to attract "outstanding, world-class global citizens" while utilizing the investment funds to help reduce the U.S. fiscal deficit. Additionally, Trump indicated that he does not exclude the possibility of allowing Russian oligarchs to participate in the program.
WILL IT REPLACE EB-5?
The Trump administration has announced that the Gold Card program may serve as a replacement for the existing EB-5 program, with plans for its launch within two weeks. The former president asserted that his administration does not require congressional approval to implement the program. However, legal experts have raised concerns, contending that the creation of a new visa category would necessitate congressional approval. Immigration attorneys at Greenberg Traurig stated that the President does not have the authority to ignore or override an act of Congress, and that Congress has plenary power over immigration. It is worth noting that the current EB-5 program, as established under the EB-5 Reform and Integrity Act (EB-5 RIA 2022), was reauthorized in 2022 and is set to remain in effect until 2027.
PREDICTION ON TRUMP 2.0 ERA'S EB-5 POLICY
Based on previous statements from Trump’s team regarding immigration policy, it is likely that the EB-5 visa program may undergo several key changes in the Trump 2.0 era, including:
Stricter scrutiny and review processes
Increased investment thresholds
More stringent job creation requirements
Tighter definitions of Targeted Employment Areas (TEA)
Enhanced compliance and oversight
It remains uncertain whether the "Gold Card Visa" will be incorporated into these potential reforms of the EB-5 program.
Corporate law attorney Florian Hauswiesner has expressed support for the idea, asserting that the current EB-5 program contains significant flaws and has been misused in the past. He notes that the "Gold Card" is similar to programs offered by other countries, which could foster a more competitive environment and attract successful entrepreneurs and their families to the U.S.
Immigration attorney Steven Brown commented, "It's really interesting to see what his plan is. Granted, so many things are ready, fire, aim. Right now, EB-5 Regional Center Integrity Act sunsets September 2027. So, I guess the thought would be to lobby Congress to make this change to highly increase the investment amount and possibly change the criteria."
The introduction of the "Gold Card Visa" program introduces additional uncertainty regarding the future of EB-5 investment immigration. For investors who have already made investments, U.S. law generally upholds fairness through grandfathering clauses, ensuring protection for those who invested under the existing regulations. This principle is explicitly outlined in the EB-5 RIA 2022. Under the grandfathering clause of this Act, petitions filed before September 30, 2026, are eligible for protection. Investors considering the EB-5 program should act promptly to file their petitions to secure these protections.
LEADING EB-5 REGIONAL CENTER IN NEW YORK CITY
ARCFE is an award-winning EB-5 regional center designated by the USCIS in 2013 and redesignated under the EB-5 RIA in 2022. We have over 10 years of experience in real estate financing in the tri-state area. Our team consists of professionals in the immigration, real estate and financial services industries, including team members who are CFA, CPA, with many years of work experience on Wall Street and at the Big 4 CPA firms.
As of date, all of our EB-5 project boasts 100% project approval rate. All of our projects under the old EB-5 law have successfully went into operation and 100% of the EB-5 loan was repaid, totaling to over $211M. As a regional center, we have also successfully repaid the EB-5 investment capital to all eligible investors.
We understand that EB-5 investment is expensive and investors make significant sacrifices to pursue this route. Our team works diligently to explore opportunities to provide our investors with low-risk EB-5 projects and flexible investment solutions to meet with their needs.
Contact our team today to discuss how we can help you and your family obtain U.S. Green Cards through the EB-5 program.
