Last updated: November 2026. Checked on November 2, 2026 against Executive Order 14351, the USCIS Form I-140G page (updated October 9, 2026), Form I-140G and its instructions (edition 09/11/26), 8 CFR 204.5, the USCIS Policy Manual (current as of October 27, 2026), the G-1055 fee schedule (edition 10/26/26) and the November 2026 Visa Bulletin.
Gold Card vs EB2 NIW is less a choice between two visas than a comparison of two ways into the same green card categories. Executive Order 14351 (September 19, 2025) created the Gold Card program. It tells the agencies to treat a gift to the Department of Commerce as evidence of eligibility for EB-1 and for EB-2 with a national interest waiver: $1 million from an individual, or $2 million from a corporation on an individual’s behalf. The EB-2 NIW is decided on your qualifications and a proposed endeavor under Matter of Dhanasar, with a standard Form I-140 fee. Gold Card petitions use Form I-140G (edition 09/11/26), which costs $15,000 per person and can only be filed online.
This guide sticks to what the official documents say as of November 2026: the order’s text, the USCIS I-140G page and form instructions, the NIW regulations and the Visa Bulletin. Where USCIS has not published something, such as approval numbers or processing times, we say so. We don’t take a position on which route is better or on the program’s legality.
Key takeaways
- The Gold Card is not a separate visa category. The I-140G instructions say it “provides eligibility for two separate employment-based immigrant visa classifications”: EB-1 extraordinary ability, and EB-2 exceptional ability with a national interest waiver.
- Form I-140G costs $15,000 for each person in the petition. The fee goes to the Department of Commerce and “will not be refunded.” You file only through a USCIS online account, after your trumpcard.gov registration is accepted.
- Under the instructions, the gift for the principal is $1 million (self-petitioner) or $2 million (corporate petitioner), plus $1 million for each accompanying spouse or child. It is wired after the immigrant visa interview, before the visa is issued.
- Neither the order nor the instructions describe a separate pool of visa numbers. Gold Card cases wait for numbers in the EB-1 or EB-2 line, as shown in the Visa Bulletin.
- An EB-2 NIW petition costs $715 on paper or $665 online, plus a $300 Asylum Program Fee for self-petitioners, with no gift.
Gold Card vs EB2 NIW at a glance
Gold Card details come from the USCIS Form I-140G page and its instructions. NIW details come from 8 CFR 204.5(k) and the USCIS EB-2 page.
| Gold Card (Form I-140G) | EB-2 NIW (Form I-140) | |
|---|---|---|
| Legal basis | Executive Order 14351 (90 FR 46031), using existing immigrant categories | INA 203(b)(2)(B), 8 CFR 204.5(k) and Matter of Dhanasar |
| Classification | EB-1 extraordinary ability or EB-2 exceptional ability with an NIW. The State Department “may assign either classification” at visa processing. | EB-2 (advanced degree or exceptional ability) with an NIW |
| Who files | A self-petitioner, or a corporation or similar entity | You (self-petition) or an employer |
| What the petition must show | Sufficient funds for the gift, and that all of the funds “have been lawfully obtained” | EB-2 eligibility plus the three Dhanasar prongs |
| Money required | $15,000 per person, plus a $1 million or $2 million gift and $1 million for each accompanying family member | $715 paper / $665 online, plus the $300 Asylum Program Fee; no gift |
| How to file | Online only, after trumpcard.gov registration is accepted | Paper or online |
| Final step described | An immigrant visa at a U.S. embassy or consulate abroad | An immigrant visa abroad, or adjustment of status in the U.S. (Form I-140, Part 4) |
| Premium processing | Not mentioned on the I-140G page or in the instructions | Optional: $2,965, action within 45 business days |
What Executive Order 14351 says
The order was signed on September 19, 2025 and published on September 24, 2025 (Federal Register; whitehouse.gov). Its operative text, quoted:
- Gift amounts, Sec. 2(a): “The requisite gift amount shall be $1 million for an individual donating on his or her own behalf and $2 million for a corporation or similar entity donating on behalf of an individual.” The gift is made to the Department of Commerce under 15 U.S.C. 1522.
- How the gift is used in adjudication, Sec. 2(b): the agencies are to treat the 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).” Those are the existing EB-1 and EB-2 provisions.
- Visa limits, Sec. 3: implementation must be consistent with law and agency authority, “including the limits on the numbers of visas specified in 8 U.S.C. 1151 et seq.”
- Fees, Sec. 3(d) and (e): the order calls for “administrative fees to cover the cost of expedited processing,” plus maintenance and transfer fees for corporate sponsors.
- General provisions, Sec. 5: the order “is not intended to, and does not, create any right or benefit.”
Form I-140G: edition, fee and filing method (November 2026)
Here is what the I-140G page (last updated October 9, 2026) and the form instructions (edition 09/11/26) say:
- Edition: 09/11/26, the date printed at the bottom of the form and instructions.
- Filing method: “only through your USCIS online account.” You may file only after registering on trumpcard.gov and receiving confirmation that your submission was accepted. Paper filing is not available.
- Fee: “$15,000 for each person included in the petition,” covering the principal and any spouse or children included. The instructions say the fee goes to the Department of Commerce and “will not be refunded, regardless of the action taken on your petition or how long it takes to issue a decision.” It is “in addition to” the gift.
- Gift: a self-petitioner gifts $1 million, plus $1 million for each accompanying spouse or child. A corporate petitioner gifts $2 million for the principal, plus $1 million for each accompanying family member. After the immigrant visa interview abroad, if all other requirements are met, you receive instructions to wire the gift “prior to the issuance of the immigrant visa.”
- Evidence: you must document the lawful source and path of funds. For income, for example, the list includes “complete bank records” covering at least the past 5 years and tax returns covering at least the past 3 years. The form also asks for 20 years of employment history.
- Process: USCIS may request more evidence, an interview or biometrics, and “will notify you of the decision.” After approval, the beneficiaries “must complete immigrant visa processing at a U.S. embassy or consulate abroad.”
Visa numbers: the Gold Card uses the EB-1 and EB-2 lines
The instructions tie the green card to “an immigrant visa number” being “available in the applicable employment-based classification.” They also say “the wait for an immigrant visa may differ between the first preference and the second preference classifications” and send readers to the Visa Bulletin. Applicants in the EB-2 classification, whether through the Gold Card or a standard NIW, look at the same EB-2 column for their country (November 2026 Visa Bulletin):
| Final Action Dates, November 2026 | Rest of World | China | India | Mexico | Philippines |
|---|---|---|---|---|---|
| EB-1 | Current | 01AUG23 | 01FEB23 | Current | Current |
| EB-2 | 01APR25 | 01OCT21 | 01NOV13 | 01APR25 | 01APR25 |
We found no official source that says how many Gold Card cases have used EB-1 or EB-2 numbers, or how they might affect future dates. For November 2026 adjustment filings, USCIS says to use the Dates for Filing chart (EB-2 Rest of World: March 15, 2026) (USCIS filing charts). Dates change monthly.
Not sure whether your record fits the merit-based NIW standard? Our free EB-2 NIW profile evaluation gives you an honest first read. If NIW does not fit, we will tell you so.
How the EB-2 NIW is evaluated instead
An NIW does not involve a gift. Under Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), you first qualify for EB-2. That means an advanced degree, defined in 8 CFR 204.5(k)(2) as a degree “above that of baccalaureate” (or a bachelor’s plus five years of progressive experience), or exceptional ability, “a degree of expertise significantly above that ordinarily encountered.” The Policy Manual, Volume 6, Part F, Chapter 5 then asks three questions:
- Does your proposed endeavor have “both substantial merit and national importance”?
- Are you “well positioned to advance the proposed endeavor”?
- “On balance,” would waiving the job offer and labor certification benefit the United States?
The Policy Manual says the petition “does not need to be supported by a job offer; therefore, the person may file as a self-petitioner,” and that “USCIS considers every petition on a case-by-case basis.” The two routes are written for different people. The order describes Gold Card applicants as people “voluntarily providing a significant financial gift to the Nation.” The NIW framework is written for advanced-degree professionals and people of exceptional ability with a specific endeavor. For the basics, read What is EB-2 NIW? For the eligibility details, read Who Qualifies for EB2 NIW?
Gold Card vs EB2 NIW costs
| Item | Gold Card | EB-2 NIW |
|---|---|---|
| Petition fee | $15,000 for each person in the petition, paid to the Department of Commerce | $715 paper / $665 online, one petition for the principal |
| Asylum Program Fee | Not listed on the I-140G page | $300 for self-petitioners |
| Gift | $1 million (self) or $2 million (corporate) for the principal, plus $1 million for each accompanying spouse or child | None |
| Premium processing | Not mentioned | Optional, $2,965 |
NIW amounts come from the G-1055 fee schedule, edition 10/26/26. The I-140 fee is charged per petition, and if the petition is approved, your spouse and unmarried children under 21 “may be eligible” for E-21 and E-22 status (USCIS EB-2 page). Hypothetical example: a self-petitioner with a spouse and two children would face $60,000 in I-140G fees (4 × $15,000) plus $4 million in gifts under the Gold Card instructions. A single online NIW I-140 would cost $665 plus the $300 Asylum Program Fee. Later visa-stage or adjustment fees are not shown here. For the full NIW budget, see How Much Does EB2 NIW Cost?
What USCIS has not published
As of November 2, 2026, the I-140G page and the form instructions do not publish:
- how many Form I-140G petitions have been filed, approved or denied;
- a processing time, or whether premium processing is available;
- any information about litigation over the program.
Because those points are not on an official page, we don’t state figures for them. The program is new and its rules can change, so check the USCIS I-140G page for updates before relying on anything here. Source-of-funds, tax and gift-transfer questions belong with a licensed immigration attorney and a qualified tax adviser.
How Skycap helps
Skycap Consultancy is a petition-preparation consultancy, not a law firm. We do not give legal, tax or investment advice, and we do not represent anyone before USCIS. Our work focuses on the EB-2 NIW. If NIW fits your record, our complete I-140 petition package (from $750, payable in installments) prepares the full petition for your review.
Frequently Asked Questions
Does the Gold Card replace the EB-2 NIW?
No official document we found ends or suspends the NIW. The I-140G instructions describe the Gold Card as giving eligibility under the existing EB-1 and EB-2 NIW classifications, and USCIS still accepts NIW petitions on Form I-140.
Does the Gold Card use EB-2 visa numbers?
The instructions name EB-2 exceptional ability with an NIW as one of two classifications. They tie the visa to number availability in “the applicable employment-based classification.” The order refers to “the limits on the numbers of visas.”
How much does Form I-140G cost, and is it refundable?
$15,000 for each person in the petition, as of November 2026. The instructions say it “will not be refunded, regardless of the action taken,” and that it is in addition to the gift.
Does the Gold Card require a degree?
The I-140G instructions do not list a degree requirement. Their Eligibility section focuses on sufficient, lawfully obtained funds for the gift. A standard EB-2 NIW requires an advanced degree or exceptional ability.
How long does a Gold Card petition take?
USCIS has not published a processing time on the I-140G page. After approval, the Visa Bulletin wait for the assigned EB-1 or EB-2 classification applies, followed by visa processing abroad.
Weighing the Gold Card against an NIW? Request our free profile evaluation, and we will tell you plainly where your record stands against the NIW standard.
Related guides
This article is general information, not legal advice. Skycap Consultancy is a petition-preparation consultancy, not a law firm. Requirements and fees change; check the linked USCIS pages before filing.
