Trump’s ‘Gold Card’ Relies on Legal Loophole to Help Wealthy Foreigners Get U.S. Visa

President Donald Trump’s new “Gold Card” visa program uses a novel definition of wealth as a job skill to allow the overseas wealthy to bypass immigration rules and secure citizenship, according to immigration attorneys.

Trump last week announced the start of applications for the “Trump Gold Card,” a new investment visa for foreign nationals. In exchange for $1 million and a $15,000 processing fee, “Gold Card” applicants will get full-time residency in the U.S. in “record time,” according to the program’s website. The website also offers a “Corporate Gold Card,” allowing companies to pay $2 million to secure a “Gold Card” for an employee, and a “Platinum Card,” which offers special tax benefits and may eventually be offered for $5 million.

Only Congress can set immigration policy, meaning the president doesn’t have the power to create or destroy a visa program. So to create the “Gold Card,” Trump is effectively adding a new fee model to two existing programs – known as EB-1 and EB-2 – experts explained to CNBC.

The EB-1 and EB-2 programs are both employment-based programs aimed at attracting award-winning or celebrated professionals. The EB-1 program, nicknamed the “Einstein Visa,” is aimed at those with “extraordinary abilities” – such as scientists, artists, entrepreneurs, athletes and professors who have achieved “sustained international or national acclaim.”

The EB-2 is for researchers, scientists and others whose skills are useful to help solve national problems, like a leading cancer researcher developing new treatments, or a top energy scientist who can help expand the power grid.

White House officials say that the $1 million payment is proof that “Gold Card” holders are successful business people who meet the requirements for exceptional abilities. Anyone with $1 million to spend on a visa is likely to be a productive addition to the American economy and society, they say. Entrepreneurs who started companies overseas can come to the U.S. to expand or start new ventures, creating more jobs. Spending by the “Gold Card” wealthy is also expected to help real estate, the service economy and other industries.

“Why shouldn’t we expedite the people who are willing to step up, to give the United States $1 million,” Commerce Secretary Howard Lutnick told CNBC last week. “Let’s bring in the top of the top, the best. Why should we take people who are below average?”

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Using the EB-1 and EB-2 programs for the “Gold Card” program has created other potential hurdles. While Trump has said he would sell “millions” of “Gold Cards,” and Lutnick said sales could raise $1 trillion in revenue, the two programs are capped at around 28,000 a year. Individual countries are capped at 7% of the total, which is why the the waiting list for E-1 and E-2 applications  from India and China already extends for several years.

Immigration attorneys say India and China would be largest sources of demand for “Gold Cards.” Yet because of the waiting lists, few are likely to apply.

“If ‘Gold Card’ holders will be allowed to jump the queue, there will likely be lawsuits from those currently on the wait list,” said Reaz Jafri, an immigration attorney with the international law firm Withers. “And if not, who will want to pay the $1 million and then wait for three years?”

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