The Gold Card

Most significantly, the prior administration permitted millions of aliens to enter the United States illegally, to the detriment of public safety, national security, and the rule of law. International cartels, transnational criminal organizations, terrorists, and foreign malign actors took advantage of those open borders policies. The prior administration also permitted abuse of the refugee process, swamping towns and cities with aliens and, in some cases, forcing them to declare emergencies to combat the crisis.

It is a priority of my Administration to realign Federal immigration policy with the Nation's interests by ending illegal immigration and prioritizing the admission of aliens who will affirmatively benefit the Nation, including successful entrepreneurs, investors, and businessmen and women.

To advance that policy, I hereby announce the Gold Card, a visa program overseen by the Secretary of Commerce that will facilitate the entry of aliens who have demonstrated their ability and desire to advance the interests of the United States by voluntarily providing a significant financial gift to the Nation.

(b) In adjudicating visa applications, the Secretary of State and the Secretary of Homeland Security shall, consistent with applicable law, treat the gift specified in subsection (a) of this section as evidence of eligibility under 8 U.S.C. 1153(b)(1)(A), of exceptional business ability and national benefit under 8 U.S.C. 1153(b)(2)(A), and of eligibility for a national-interest waiver under 8 U.S.C. 1153(b)(2)(B).

(c) The Secretary of Commerce shall deposit the gifts contributed under subsection (a) of this section in a separate fund in the Department of the Treasury and use them to promote commerce and American industry, consistent with the statutory authorities of the Department of Commerce, see, e.g., 15 U.S.C. 1512.

(a) Establish a process for application and expedited adjudication of Gold Card petitions, visa issuance, and adjustment of status.

(b) Specify the date on which applicants (or sponsors if applicable) may begin to submit gifts for consideration under the Gold Card program.

(c) Establish a process for a Gold Card holder sponsored by a corporation or similar entity to abandon his or her status and for the Secretary of State and the Secretary of Homeland Security to consider the original gift as evidence of eligibility under 8 U.S.C. 1153(b)(1)(A), of exceptional business ability and national benefit under 8 U.S.C. 1153 (b)(2)(A), and of eligibility for a national-interest waiver under 8 U.S.C. 1153(b)(2)(B), for a different individual specified by the corporation or similar entity. The transferee shall otherwise be subject to the same procedures as an original visa applicant, including appropriate screening for public safety and national security.

(d) Establish administrative fees to cover the cost of expedited processing under subsection (a) of this section.

(e) Establish maintenance and transfer fees for corporations or similar entities sponsoring individuals under the Gold Card program.

(f) Consider expanding the Gold Card program to visa applicants under 8 U.S.C. 1153(b)(5).

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) The costs for publication of this order shall be borne by the Department of Commerce.