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EB-5 and the Trump Gold Card: What Investors Should Know Beyond the Price

EB-5 and the Trump Gold Card: What Investors Should Know Beyond the Price

When investors compare EB-5 and the Trump Gold Card, the first thing they usually notice is the price.

At first glance, the numbers appear close. The EB-5 program currently requires an investment of $800,000 when the investment qualifies under the lower targeted employment area or infrastructure threshold, or $1,050,000 under the standard investment amount. USCIS identifies these investment thresholds in its EB-5 policy guidance. The official Trump Gold Card website lists a $15,000 DHS processing fee and, after background approval, a $1 million contribution for individual applicants.

That is where the comparison starts, but it is not where it ends.

The two options are built on very different legal and financial structures. EB-5 is an immigrant investor program created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. USCIS states that EB-5 investors, along with eligible spouses and unmarried children under 21, may apply for lawful permanent residence if they make the required investment in a U.S. commercial enterprise and plan to create or preserve at least 10 permanent full-time jobs for qualified U.S. workers.

The Trump Gold Card is described differently in official materials. Executive Order 14351, published in the Federal Register as “The Gold Card,” directed the Secretary of Commerce, in coordination with the Secretary of State and the Secretary of Homeland Security, to establish a Gold Card program for a person who makes an unrestricted gift to the Department of Commerce. The order states that this gift may be used to establish eligibility for an immigrant visa through an expedited process, to the extent consistent with law, public safety, national security concerns, and existing visa limits.

This distinction matters because EB-5 is based on an investment in a commercial enterprise, while the Gold Card is based on a financial gift or contribution to the U.S. government. In EB-5, USCIS describes the core requirements as an investment of capital, engagement in a new commercial enterprise, and job creation. In the Gold Card executive order, the central financial act is described as an unrestricted gift to the Department of Commerce.

For a direct EB-5 investor, the money is connected to a business. The investor places capital into a U.S. commercial enterprise, and the immigration case is tied to the business, the investment, the source of funds, and the required job creation. USCIS explains that an EB-5 investor must establish lawful ownership of the capital and must show that the capital was obtained through lawful means. USCIS also states that it does not consider assets acquired directly or indirectly through unlawful means, such as criminal activity, to qualify as capital.

The Trump Gold Card uses a different framework. The official program website states that an individual applicant pays a $15,000 DHS processing fee and, after background approval, makes a $1 million contribution. The same official website states that the processing fee is nonrefundable. It also explains that additional small Department of State fees may apply depending on the applicant.

The visa category behind each option is also different.

EB-5 is the employment-based fifth preference immigrant investor category. USCIS states that the program is known as EB-5 because of the name of the employment-based fifth preference visa that participants receive. The Department of State explains that the first step in the EB-5 immigrant investor visa process is filing Form I-526 with USCIS, while USCIS now distinguishes between Form I-526 for standalone investors and Form I-526E for Regional Center investors.

The Gold Card is not described in official sources as EB-5. The executive order states that the program is intended to use an expedited process and directs the government to treat the unrestricted gift as evidence under existing immigrant visa classifications, including EB-1A and EB-2 categories, to the extent consistent with applicable law and agency authority. The official Gold Card website similarly states that a successful applicant receives lawful permanent resident status as an EB-1 or EB-2 visa holder, as appropriately determined by DHS and subject to visa availability.

Family treatment is another factual difference shown in official sources.

For EB-5, USCIS states that investors, along with their spouses and unmarried children under 21, may be eligible to apply for lawful permanent residence if the investor satisfies the program requirements. The Department of State also states, more broadly for employment-based immigrant visas, that certain spouses and children may accompany or follow to join employment-based immigrants.

For the Trump Gold Card, the official program website describes separate costs for family members. It states that if an individual applicant wants a spouse or unmarried children under 21 to join the cardholder in the United States, each family member is subject to an additional $15,000 DHS processing fee and $1 million gift. That makes the official family-cost structure different from EB-5, where eligible derivative family members are tied to the investor’s immigrant petition rather than described as requiring a separate qualifying investment for each person.

The role of the business is also different.

EB-5 requires a business connection because the program is built around capital investment and job creation. USCIS states that investors must make the necessary investment in a commercial enterprise in the United States and plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers. For direct EB-5 cases, that means the business, the hiring plan, the financial projections, and the use of invested funds are central parts of the immigration filing.

The Gold Card materials do not describe a job-creation requirement for the applicant. Instead, the executive order frames the program around a significant financial gift to the United States and the use of existing EB-1 or EB-2 visa classifications. The official Gold Card website presents the individual process in terms of paying the DHS processing fee, passing background approval, making the required contribution, and receiving U.S. residency if the applicant qualifies under the program.

There is also a difference in how the money is characterized.

In EB-5, USCIS policy refers to “capital” invested in a new commercial enterprise. The investor’s capital must be at risk in the business and must meet the program’s investment and job creation requirements. In the Gold Card executive order, the payment is described as an “unrestricted gift” to the Department of Commerce. The official Gold Card website uses the term “contribution” for the $1 million amount.

This does not make the two options identical simply because the dollar amounts may look similar. One structure is investment-based and tied to a commercial enterprise. The other is contribution-based and tied to a government gift framework connected to EB-1 or EB-2 processing.

The official sources also show different histories behind the two options.

EB-5 has been part of U.S. immigration law since 1990. USCIS states that Congress created the EB-5 Program that year to stimulate the U.S. economy through job creation and capital investment by foreign investors. USCIS also notes that the EB-5 Reform and Integrity Act of 2022 created new requirements for the EB-5 immigrant visa category and the Regional Center Program.

The Trump Gold Card is much newer. Executive Order 14351 was signed on September 19, 2025, and published in the Federal Register on September 24, 2025. The order directed the relevant federal agencies to take steps to implement the Gold Card program within 90 days of the order, to the extent consistent with applicable law and their statutory authorities.

Both options are connected to permanent residence, but the path is described differently in official sources.

EB-5 is a statutory immigrant investor category based on investment and job creation. The Department of State explains that the first step in the EB-5 immigrant investor visa process is filing Form I-526 with USCIS, while USCIS describes the program as a route through which investors and qualifying family members may apply for lawful permanent residence if program requirements are met.

The Gold Card website states that, after background approval and the required contribution, an applicant may receive U.S. residency through the Gold Card process. The executive order says the program is to operate through an expedited process, while remaining subject to applicable law, public safety and national security concerns, and the numerical visa limits in U.S. immigration law.

For investors comparing the two, the official record presents two very different models.

EB-5 is centered on a U.S. commercial enterprise, lawful capital, job creation, and an immigrant investor petition. The Trump Gold Card is centered on a government contribution, background approval, and use of EB-1 or EB-2 classifications as determined by DHS and subject to visa availability.

The price may be the first point of comparison, but the official sources show that the structure, purpose, family-cost treatment, and evidentiary focus are different. EB-5 asks what the investment will do inside a U.S. business. The Gold Card asks whether the applicant’s financial gift and eligibility under the program can support an expedited immigrant visa process.

From there, the decision depends on each investor’s needs, goals, financial structure, family situation, and risk tolerance.

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The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.


Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.

Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.

At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.


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