PRESS RELEASE
FOR IMMEDIATE RELEASE
August 13, 2026
Denver, Colorado
Skilled Workers Challenge Gold Card Program in Pending Federal Lawsuit
**DENVER : ** Professional and skilled workers seeking employment-based visas are urging a federal judge to reject the government’s effort to dismiss a lawsuit challenging the Trump Gold Card program. The plaintiffs argue that the expedited pathway allows wealthy applicants to move ahead in the employment-based visa queue, potentially injuring workers who have waited years for consideration under existing EB-1 and EB-2 categories.
The dispute is pending in the U.S. District Court for the District of Columbia in American Association of University Professors v. Department of Homeland Security, commonly referred to as AAUP v. DHS. The case involves the American Association of University Professors and individual skilled and professional workers with pending or prospective employment-based immigration interests.
As reported by Law360 in August 2026, the workers contend that the Gold Card’s expedited application process could let affluent applicants “jump the visa line” by using a substantial financial contribution to establish eligibility for permanent residence through existing employment-based visa categories.
Gold Card Program Uses $15,000 Fee and $1 Million Contribution
The Gold Card program was established through a presidential executive order. The order directs the Departments of Commerce, Homeland Security, and State to administer an expedited process, consistent with applicable law and national security requirements.
Under the official Trump Gold Card website, an individual applicant must:
- Pay a nonrefundable $15,000 DHS processing fee;
- Complete the required application and background vetting;
- Make a $1 million contribution or gift after approval of the applicant’s vetting; and
- Seek lawful permanent residence through the EB-1 or EB-2 employment-based visa categories, subject to visa availability and other legal requirements.
The official program website states that a successful applicant may receive lawful permanent resident status as an EB-1 or EB-2 visa holder. The program does not create an entirely separate statutory immigrant visa category. Instead, it relies on existing employment-based classifications and treats the financial contribution as evidence relevant to eligibility.
The executive order identifies the contribution as evidence of eligibility under statutory provisions associated with extraordinary ability, exceptional ability, national benefit, and the national-interest waiver. Applicants must still be admissible, pass government screening, and have an immigrant visa available.
Corporate sponsors face a different financial structure. The official program describes a $2 million contribution per sponsored employee, along with the $15,000 DHS processing fee per employee and certain maintenance or transfer fees.
AAUP v. DHS Raises Questions About Visa Allocation and Congressional Authority
The plaintiffs in AAUP v. DHS argue that Congress created the EB-1 and EB-2 categories to attract highly talented individuals whose skills, research, professional achievements, or proposed work would benefit the United States.
Those categories have limited annual visa numbers. According to the plaintiffs, allowing a financial contribution to substitute for or substantially influence the statutory merit-based standards could redirect limited visa opportunities toward applicants with significant wealth rather than toward scientists, engineers, physicians, researchers, professors, and other qualified professionals.
The plaintiffs’ legal theories include claims under the Immigration and Nationality Act and the Administrative Procedure Act. They allege that the federal agencies exceeded their authority, acted arbitrarily or capriciously, and implemented the program without following required notice-and-comment procedures.
The federal government has filed a motion to dismiss, and the plaintiffs have urged the court not to dismiss the lawsuit. As of August 13, 2026, the motion remains pending, and the court has not issued a final decision on the program’s legality.
The plaintiffs seek declaratory and injunctive relief that could halt or restrict implementation of the Gold Card program.
Limited Adoption Adds Context to the Litigation
The legal challenge comes while the Gold Card program has reportedly experienced limited adoption.
Public reporting and court filings cited in the litigation indicate that the program has received fewer than 400 requests. One reported approval has also been identified in connection with the program’s early implementation.
These figures do not resolve the legal questions before the court. However, they provide important context for investors, skilled workers, employers, and policymakers. A program may have limited current volume while still creating questions about future visa allocation, agency authority, processing priorities, and the treatment of applicants already navigating employment-based backlogs.
For wealthy foreign-born individuals, the central issue is not simply whether the Gold Card is available today. You must also evaluate how pending litigation, visa availability, government procedures, tax exposure, financial documentation, and future policy changes could affect your long-term plans.
Pathway to USA Helps Investors Evaluate Immigration and Business Options
“The Gold Card litigation highlights why affluent investors should evaluate both opportunity and legal uncertainty before committing significant capital,” said a Pathway to USA spokesperson. “Our role is to help clients understand the current framework, compare available pathways, coordinate with qualified immigration counsel, and build a practical U.S. business and relocation strategy that can adapt as policy and court decisions develop.”
Pathway to USA works with wealthy immigrants, global entrepreneurs, investors, and international families evaluating U.S. residency and business opportunities. Our services include:
- Gold Card program monitoring and strategic advisory;
- E-2 Treaty Investor and EB-5 pathway evaluation;
- EB-2 National Interest Waiver coordination;
- U.S. business sourcing and acquisition support;
- Entity formation and investment structuring coordination;
- Documentation and milestone management;
- Legal coordination with independently licensed immigration attorneys; and
- Post-approval business launch support, including banking, leasing, vendors, and operational onboarding.
Pathway to USA is a business consulting firm, not a law firm. We do not provide legal advice, and our services do not create an attorney-client relationship. Immigration legal work is performed by independently licensed attorneys in our referral network. Visa approval is determined solely by U.S. Citizenship and Immigration Services or the U.S. Department of State and is never guaranteed.
Business Setup Support Helps Clients Focus on Growth
For many affluent immigrants, obtaining residency is only one part of the U.S. expansion plan. The next step may involve launching a technology company, acquiring a professional service business, opening a hospitality venture, building a healthcare enterprise, or developing another business aligned with the client’s experience and goals.
Pathway to USA provides step-by-step setup guidance for these ventures. Our team can help organize business sourcing, due diligence coordination, entity structuring, investment planning, and operational launch tasks.
We also use workflow automation AI to simplify recurring administrative work, organize project milestones, track documentation, and improve communication across the client, business, and legal teams. This approach helps investors maintain visibility over the process while staying focused on their core business objectives.
Because AAUP v. DHS remains active, investors should avoid treating the Gold Card as a guaranteed or risk-free route. A careful strategy should account for the program’s executive-order basis, the possibility of judicial intervention, changing agency procedures, visa availability, tax consequences, and alternative pathways created by Congress.
To discuss your objectives, explore Pathway to USA’s services, review frequently asked questions, or contact the team for a strategy consultation.
About Pathway to USA
Pathway to USA helps international entrepreneurs, investors, and high-net-worth families evaluate U.S. immigration pathways and establish compliant business operations in the United States. Through strategic consulting, business acquisition support, workflow coordination, and referrals to licensed immigration counsel, the company helps clients move from initial planning to operational launch.
Media Contact
Rachel
Receptionist
Pathway to USA
Phone: +1 (800) 555-USAA (8722)
Email: rachel@pathwaytousa.com
Website: https://pathwaytousa.com
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