Melissa Antone – Director of Global Operations, International Creative Capital
Published 21/2/2026
Over the past several months, many of you have asked about the new “Gold Card” immigration option that has been promoted as a faster path to U.S. permanent residency based primarily on financial contribution.
On February 3rd, 2026, the Gold Card program is being challenged in federal court. A lawsuit has been filed in the U.S. District Court for the District of Columbia questioning whether the program was implemented within proper legal authority.
The program is still moving forward at this time, but the lawsuit does introduce questions that shouldn’t be ignored. Anyone thinking about applying would be wise to slow down, look at the full picture, and think through the potential implications before making a decision.
What Is the Lawsuit About?
The Gold Card program was created by Executive Order in September 2025. It does not create a new visa category through Congress. Rather than creating an entirely new visa category through Congress, the program uses existing employment-based classifications, specifically EB-1A and EB-2 National Interest Waiver cases, as the framework.
The lawsuit essentially questions whether that approach is legally appropriate. The main concerns raised include:
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- Immigration visa numbers are set and controlled by Congress, not by executive order.
- EB-1 and EB-2 categories were designed for individuals with extraordinary ability or significant national interest contributions, not primarily for applicants making a financial payment.
- Because those visa categories are already subject to annual caps, placing Gold Card applicants into them could lengthen wait times for traditional EB-1A and EB-2 NIW candidates.
The court has been asked to determine whether the program complies with existing immigration law or exceeds the executive branch’s authority.
The program may exceed executive authority.
The plaintiffs are asking the court to declare the program unlawful and halt further implementation.
At this moment, the program has not been suspended. DHS continues processing cases. However, litigation introduces a layer of uncertainty that cannot be ignored.
Why This Is Important for Investors
When someone is evaluating an immigration option, we don’t just look at how fast it sounds or how it’s being marketed. We step back and look at four key factors.
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- Legal stability
- Policy durability
- Processing predictability
- Long-term immigration security
Executive-created programs can move quickly. If the court decides to pause the program while the case moves forward or ultimately rules that it cannot continue in its current form, applicants could experience real disruptions. That might mean longer processing times, changes to eligibility requirements, new guidance from the government, or, in the most serious scenario, a temporary halt to the program altogether.
For families who are making relocation plans, watching their children’s ages closely, navigating career changes, or committing significant capital, stability and predictability are not small details; they are central to the decision.
How The Gold Card Differs from More Established Options
The EB-1A and EB-2 National Interest Waiver categories were originally structured for individuals who can demonstrate a high level of professional accomplishment or meaningful contribution to the United States whether through extraordinary ability, advanced expertise, or work that serves the national interest.
These classifications are already heavily used, especially by applicants born in countries like China and India. They operate within annual visa limits, which means availability can become tight depending on demand.
The Gold Card uses these same capped categories. If the court agrees with the plaintiffs, adjustments to how those visas are allocated may follow.
Importantly, this lawsuit does not affect the EB-5 Immigrant Investor Program.
Where EB-5 Stands in 2026
EB-5 operates on a very different foundation. It wasn’t introduced through an executive order or administrative policy shift. It’s part of federal immigration law, passed by Congress and written into the statute.
A few years ago, in 2022, Congress revisited the program and made a series of updates through what’s known as the Reform and Integrity Act. The purpose of those changes was to tighten compliance, improve accountability, and provide more structure around how projects and regional centers operate.
From a practical standpoint, that means today’s EB-5 program functions under clearer rules and more formal oversight than it did in the past which is something many investors find reassuring when making a long-term decision.
There are, however, important upcoming milestones investors should be aware of:
September 30, 2026 – Grandfathering Protection Deadline
If an investor files Form I-526E on or before this date, their petition is protected under the RIA’s grandfathering provision. Even if the Regional Center program were not reauthorized after September 30, 2027, those petitions would continue to be processed.
This provision exists specifically because Congress has allowed the Regional Center program to lapse in the past. Filing before this deadline provides a significant layer of security.
It’s also important to note:
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- Only the Regional Center portion requires periodic reauthorization.
- Direct EB-5 is permanent law and does not sunset.
January 1, 2027 – Investment Amount Adjustment
Beginning January 1, 2027, the minimum investment amounts will automatically increase based on inflation (CPI adjustments from 2022 forward).
Currently:
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- $800,000 for Targeted Employment Area (TEA) projects
- $1,050,000 for standard projects
Estimates suggest these thresholds could increase by 10–20% or more. Filing before January 1, 2027 allows investors to lock in the current amounts.
While EB-5 requires capital investment into a U.S. enterprise rather than a donation, it operates within a statutory framework passed by Congress, which generally provides greater long-term policy stability than executive action alone.
Key Risk Considerations for Gold Card Applicants
If you are evaluating the Gold Card program, thoughtful questions to consider include:
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- What happens if litigation pauses the program?
- How secure is my filing if rules change mid-process?
- Is my financial contribution refundable?
- Are there more stable alternatives available?
- How will visa caps and category backlogs be affected?
Every family’s situation is different. Some applicants may feel comfortable proceeding despite litigation risk. Others may prefer a pathway grounded in long-standing statutory authority.
Our Perspective
Immigration decisions are rarely just about paperwork; they impact children, businesses, careers, and long-term financial planning.
The Gold Card remains active today. But the existence of a federal lawsuit introduces real policy uncertainty.
EB-5, by contrast, remains a congressionally enacted program with defined statutory structure, built-in investor protection under the RIA, and clear filing deadlines that investors can strategically plan around.
Our role is to make sure you have a clear understanding of what you’re stepping into, including:
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- How solid the legal basis of the program really is
- Whether the timing works in your favor
- What the financial commitment truly involves
- And how stable the option is over the long term
Before committing to any major immigration investment, it’s worth taking the time to review your specific situation, your goals, your eligibility, and how much uncertainty you’re comfortable with.
Big decisions like this shouldn’t be driven by marketing or news cycles. They should be grounded in a thoughtful plan.
If you’re comparing the Gold Card with EB-5 or another pathway, I’m happy to walk through it with you. The right choice depends on your timeline, your comfort level with risk, and where you ultimately want to be. Feel free to email me directly at mantone@InternationalCreativeCapital.com to schedule a call or set up a time to talk so we can go through your options together.