The US President has just announced the launch of a new Gold Card program, which is expected to grant a US Green Card in exchange for an investment of $5 million (approximately INR 45 crore).
While the official details of this program are yet to be announced, based on our years of experience in the residency and citizenship-by-investment space, here’s our guesstimate of what this could look like:
- This program may follow a structure similar to Golden Visa programs offered by other countries. Investors might be able to invest in real estate, stocks, or funds, allowing them to earn higher returns in addition to securing a Green Card. This would be different from the current EB5 visa program, which requires investment in development projects that create jobs for Americans.
- The processing time for the Green Card under the Gold Card program could be significantly faster, possibly within a few months. In contrast, the current EB5 program takes 1 to 2 years or even longer to process Green Card applications.
Again, this is purely speculative at this stage. We will have to wait for official details in the coming days for more clarity.
What Does This Mean for the EB5 Visa Program?
For those considering a Green Card through investment, the most pressing questions are:
- Will the EB5 program be discontinued?
- If yes, when will it end?
- What should potential investors do?
Here’s what we know so far:
- The EB5 program was passed by Congress with bipartisan support and is valid until September 30, 2027. If it is to be discontinued, it would require approval from Congress. This is not an easy process, as it would need 60 votes in the Senate, and Republicans are currently 7 votes short of this requirement.
- Even if Congress decides to debate the discontinuation, the process would take time. Investors will likely have a window to submit their EB5 applications before any formal changes are implemented.
- Can Trump pass an Executive Order to end the program? Technically, no. If he attempts to bypass Congress through an Executive Order or other means, it will likely face legal challenges. This means investors will still have time to file their EB5 petitions before any court decision is made.
What Should Potential Investors Do?
Given the current scenario, here’s our advice for investors:
- Stay calm and avoid reacting emotionally. Focus on facts and your personal circumstances before making a decision.
- Do not rush into an investment decision without understanding the implications of both the Gold Card and EB5 programs.
- If you are already planning to apply for an EB5 visa, start preparing immediately. Begin working on your Source of Funds and hire an attorney with a small down payment. This will allow you to be ready to file as soon as more details emerge—even if the time window to apply is short.
What About Existing EB5 Investors?
The current EB5 law provides protections for existing investors. This means that:
- Investors who have already filed their petitions before any changes are made will be grandfathered under the current law.
- This protection applies at least until September 2026, ensuring that their applications will not be affected by any potential program changes.
We are closely monitoring the situation and analyzing all available information. Stay tuned for updates as more details about the US Gold Card program emerge.