On February 3, 2026, a federal lawsuit was filed challenging the Trump administration’s “Gold Card” visa program. The case could significantly impact how certain employment-based green cards are issued.

The lawsuit, brought by the American Association of University Professors along with immigrant researchers and professionals, argues that the program unlawfully prioritizes wealth over merit. At the heart of the dispute is a fundamental question: can the executive branch redefine visa categories that Congress created to reward extraordinary and exceptional ability?

What Is the Gold Card Program?

The Gold Card program was created through a September 19, 2025 executive order and launched publicly in December 2025. It offers what the administration describes as a fast-track pathway to permanent residence through the EB-1 and EB-2 categories.

Traditionally:

  • EB-1 is reserved for individuals with extraordinary ability in sciences, arts, education, business, or athletics, as well as outstanding professors and multinational executives.
  • EB-2 is for professionals with advanced degrees or exceptional ability.

Under the Gold Card program, however, applicants may qualify by making substantial financial contributions.

According to published details:

  • Applicants pay a $15,000 processing fee.
  • If approved, they contribute $1 million, or $2 million for corporate sponsors, described as a voluntary gift.
  • They are then granted EB-1 or EB-2 classification and may apply for citizenship after five years.

While the program promises expedited processing, applicants would still be subject to annual visa caps and per-country limits.

Why Is It Being Challenged?

The lawsuit argues that Congress created clear, merit-based criteria for EB-1 and EB-2 visas. The plaintiffs contend that the executive branch cannot override those statutory requirements by introducing a wealth-based alternative.

In their view, the program turns limited employment-based immigrant visas into revenue-generating commodities. Because employment-based green cards are capped at 140,000 per year, and EB-1 and EB-2 together receive roughly 80,000 of those numbers, the lawsuit claims that diverting visas to individuals based primarily on payment could push qualified professionals further back in line.

The broader issue is about executive authority. Immigration categories are created by Congress. The court will need to determine whether this program exceeds the executive branch’s authority.

How This May Affect You

If You Are Waiting for EB-1 or EB-2

If you are a scientist, engineer, professor, entrepreneur, physician, or other highly skilled professional pursuing EB-1 or EB-2 based on your qualifications, this case directly concerns you.

Visa numbers are limited. If additional approvals are granted under a pay-to-qualify model, that could affect backlogs. At the same time, this program is now under legal scrutiny, and its future is uncertain.

For now, the traditional merit-based pathways remain fully in place.

If You Are an Employer Sponsoring Talent

Employers rely on predictability. Any uncertainty around visa allocation affects workforce planning.

If the program continues, it could increase demand and strain visa numbers. If it is struck down, visa distribution may return to its prior structure. Either way, careful planning and early filing remain essential.

If You Are Considering the Gold Card

Caution is warranted.

The lawsuit raises serious legal questions about whether the program is authorized under federal law. There is also uncertainty about whether payment alone would truly speed up green card issuance given annual caps and per-country limitations.

In addition, if a court invalidates the program, applicants who invested substantial funds could face complex consequences.

Anyone considering this option should consult experienced immigration counsel before proceeding.

What Should EB-1 and EB-2 Applicants Do Now?

  1. Continue pursuing your case.
    Do not delay filing based on headlines. The statutory requirements for EB-1 and EB-2 remain unchanged.
  2. Strengthen your documentation.
    These categories are merit-based. Make sure your petition clearly demonstrates how you meet the criteria established by Congress.
  3. Monitor developments.
    This case could move quickly, especially if the plaintiffs seek early court intervention. We will continue tracking updates closely.
  4. Use premium processing strategically.
    While premium processing does not change visa number availability, it can speed up adjudication once a number becomes available.

What About Investors?

If you are interested in immigration through investment, the EB-5 program remains the congressionally authorized pathway. It requires higher investment thresholds and job creation requirements, but it operates within a clear statutory framework.

When making life-changing financial decisions, clarity matters.

Our Take

At Garvish Immigration Law Group, we believe immigration law should reward merit, family unity, and lawful pathways.

The EB-1 and EB-2 categories were designed to attract individuals whose work benefits the United States. Researchers advancing medicine. Engineers building technology. Professors shaping future generations. Entrepreneurs driving innovation.

These categories were not created to be purchased. They were created to recognize ability.

This lawsuit is ultimately about the integrity of the system and the limits of executive power. The courts will decide the legal questions. In the meantime, our role is to guide our clients calmly, strategically, and lawfully through whatever changes come next.

If you have questions about how this development may affect your case, our team is here to help you plan with clarity and confidence.