A federal lawsuit was filed on Feb. 3, 2026, in the United States District Court for the District of Columbia by the American Association of University Professors challenging the Gold Card Program.
The Gold Card Program, created by Executive Order 14351 in September 2025, is an executive initiative, implemented through presidential authority and without Congressional action. Specifically, the program relies on existing immigrant categories (specifically EB-1A and EB-2 NIW) for immigrant visa issuance. Executive Order 14351 created a hybrid program that blends donation-based residency incentives with employment-based visa adjudications.
The lawsuit challenges the Gold Card Program under the Administrative Procedure Act and the Immigration and Nationality Act, stating that the program was enacted without Congressional and statutory authority. The lawsuit argues that Congress "has exclusive authority to regulate immigration and to raise revenue. By giving priority consideration to and awarding visas to individuals who can pay $1 million, rather than to highly talented individuals whose admission would benefit the United States, the program runs counter to the laws enacted by Congress." The lawsuit further alleges that because Congress puts a statutory cap on the number of EB-1 and EB-2 visas that can be issued each year and requires that the visas be allocated in the order in which applications are filed, the Gold Card Program will increase the EB-1 and EB-2 wait times and "result in qualified, merits-based applicants not being awarded visas."
Historically, the EB-1A and EB-2 NIW categories have been used by highly educated and skilled individuals who are aliens of extraordinary ability (EB-1A) or whose immigration is in the national interest of the United States (EB-2 NIW). The demand for EB-1A and EB-2 NIW immigrant visas is high and has resulted in significant visa backlogs and wait times for permanent residence, especially for applicants born in mainland China and India. The lawsuit alleges that adding the Gold Card Program applicants into these existing visa categories harms those applicants in the waiting line.
The lawsuit seeks the federal court to (1) declare the Gold Card Program and related guidance unlawful and violative of the Administrative Procedures Act because it exceeds statutory authority and conflicts with Congress' intent for the EB-1A and EB-2 NIW visa categories; (2) set aside the Department of Homeland Security (DHS)'s guidance and forms relating to the Gold Card Program; and (3) enjoin DHS from further implementing the program.
Applicants considering the Gold Card Program may wish to speak with a qualified lawyer regarding how this lawsuit may impact the application process.
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