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‘Legal uncertainty and financial risk’: Trump’s Gold Card visa isn’t worth it, say immigration lawyers — including Melania Trump’s

🚫 Prominent immigration attorneys, including Michael Wildes who represented Melania Trump, are turning away potential clients for the Gold Card visa program entirely.

⚖️ Seven other lawyers working with wealthy foreigners say they have declined to help applicants or directed them toward established legal alternatives instead.

💰 Launched by Executive Order in September 2025, the program allows individuals to pay a $1 million contribution plus $15,000 for expedited permanent residency status.

🏢 Corporations can sponsor an employee for $2 million, while each family member requires their own separate $1 million and $15,000 fee.

⚠️ The Economic Policy Institute notes the program routes applicants through EB-1 and EB-2 categories reserved for those with "extraordinary ability" without meeting merit criteria.

👨‍⚖️ Core legal experts warn that new visa categories cannot be created via executive order, meaning the Gold Card violates federal law and likely lacks statutory authority.

❌ A lawsuit filed by the American Association of University Professors argues the program violates the Administrative Procedure Act and Immigration and Nationality Act.

🔄 Attorney Ron Klasko advises clients that Gold Card recipients can lose status with a single executive order, whereas EB-5 investors only face loss if Congress acts legislatively.

📉 Data shows low conversion rates, with only 165 of 338 applicants paying fees and just 59 completing DHS paperwork as of April.

❗ Applicants do not necessarily receive priority over traditional EB-1 or EB-2 visa filers despite the "fast-track" marketing claims.

💸 The EB-5 alternative requires an $800,000 to $1.05 million investment but mandates creating at least 10 full-time U.S. jobs.

🛡️ Gold Card investments carry higher risk because the program can be eliminated instantly, unlike the Congress-backed EB-5 visa created in 1990.

⚖️ Attorney Rosanna Berardi states it is unethical to recommend a program with such significant legal uncertainty and financial risk to clients.

🤝 Even Trump family allies have distanced themselves from the program, calling it fraught with legal uncertainty and financial danger.

🏛️ The program was touted by Trump as "the green card on steroids," but legal realities suggest otherwise.

Risk Factors
  • Attorneys with deep ties to the Trump family, including Michael Wildes who represented Melania Trump, are refusing to handle Gold Card cases entirely, warning clients there is little they can do.
  • Seven other immigration attorneys working with wealthy foreign clients have directed clients away from the program or declined to help those already applying due to significant legal and financial risks.
  • The program was created via executive order rather than congressional legislation, making it legally vulnerable as new visa categories cannot be created without Congress.
  • A federal lawsuit filed by the American Association of University Professors in February argues the Gold Card violates the Administrative Procedure Act and lacks statutory authority.
  • Gold Card recipients face the risk of losing their status with a single executive order, whereas EB-5 recipients can only lose status through congressional legislation.
  • Despite Trump's claims of fast-track approval, court filings reveal that of 338 applicants, only 165 paid the $15,000 fee and just 59 completed DHS paperwork as of late April.
  • Applicants may not receive priority processing over those applying for traditional EB-1 or EB-2 visas, undermining the program's primary selling point of speed.
  • The Economic Policy Institute notes the program routes applicants into existing EB-1 and EB-2 categories originally set aside for individuals with 'extraordinary ability' who substantially benefit the country, raising concerns about bypassing merit criteria.
Full Analysis
Immigration attorneys, including Michael Wildes who has represented Melania Trump and Miss Universe winners, are advising wealthy clients away from President Trump's new "Gold Card" visa program, citing significant legal uncertainty and financial risk. The Gold Card, established by Executive Order 14351 in September 2025, costs $1 million per individual plus a $15,000 non-refundable processing fee and bypasses standard employment-based green card requirements in favor of an executive order pathway. Lawyers argue this program is ethically problematic because it lacks congressional authorization, potentially violating the Administrative Procedure Act and the Immigration and Nationality Act, whereas traditional visas like EB-1 or EB-2 require legislative backing for any changes. Ron Klasko, another attorney, highlights that Gold Card recipients could lose status with a single executive order, whereas EB-5 visa holders are only at risk if Congress acts via legislation. Data from a court filing in the ongoing federal lawsuit reveals low conversion rates among applicants: of 338 people who submitted requests, only 165 paid the processing fee, and just 59 completed DHS paperwork, with Commerce Secretary Howard Lutnick confirming only one approval by late April. While Attorney Rosanna Berardi and others warn against recommending a program under active litigation despite client interest, Trump has marketed the initiative as "the green card on steroids." The professional consensus is clear: established alternatives like the EB-5 visa offer greater security through job creation requirements and congressional foundations, making the Gold Card an unattractive option for ultra-wealthy foreigners seeking permanent residency.