Application Process
Application Process and Required Documents for the USA Gold Card Visa
The exact application process for the Gold Card visa will be defined in detail once the program is formally instituted. However, based on the information available and by analogy to similar investor programs, applicants can expect a process akin to the EB-5 procedure, streamlined for the larger investment and simplified requirements. Here’s an anticipated step-by-step process:
Initial Petition – Investment Documentation: The applicant will file an immigrant petition with U.S. Citizenship and Immigration Services (USCIS) to demonstrate eligibility for the Gold Card. This petition would likely be a new form (similar to Form I-526 used in EB-5) where the investor provides evidence of the $5 million investment and intention to seek residence. Key documents required at this stage would include:
- Proof of Funds: Bank statements, investment account statements, or other financial documents showing the applicant has at least $5 million available.
- Source of Funds Evidence: Documentation proving the money was obtained lawfully (e.g. tax returns, business sale contracts, inheritance documents, etc.). U.S. authorities will scrutinize the source of the $5M to ensure it’s not from illicit activities, as is standard for investor visas.
- Investment Commitment: Evidence that the $5 million has been committed to the program – for example, a receipt or escrow agreement showing the funds have been deposited with the designated U.S. government account or fund. Since this program is described as a direct payment to the government, the process may involve transferring the money to a government-controlled fund as part of the application.
- Personal Documentation: Copies of the applicant’s passport (for identity), birth certificate, and any required civil documents. If including family members, their documents (marriage certificate for a spouse, birth certificates for children) must be included to show the relationships.
- Background Checks: As part of the petition, the applicant will likely need to submit police clearance certificates from any country they have lived in, to prove they have no serious criminal record. Additionally, they may fill out forms detailing their biographical history. USCIS will conduct security screenings.
Petition Approval & Investment Transfer: USCIS officers will review the petition. If the application meets all requirements, USCIS approves the petition, essentially confirming that the investor is qualified and the money is ready to be applied. At this point (or concurrently with approval), the $5 million would be taken out of escrow and officially transferred to the U.S. government fund or project, if it wasn’t already fully paid upfront. Because this visa is meant to raise significant capital, the funds will likely need to be irrevocably committed before the visa is issued. (It’s effectively “pay-to-play”, so no visa without full payment of the investment.)
Immigrant Visa or Adjustment of Status: Once the petition is approved, the applicant can proceed to obtain the actual visa or status:
- If the investor is outside the U.S.: They will go through consular processing. This means filing a visa application (DS-260 form) and attending an interview at a U.S. embassy or consulate in their home country. They will need a medical examination by an approved physician and to present all original documents. At the interview, a consular officer will verify the information and confirm eligibility. Upon approval, an immigrant visa is issued in the passport. The investor (and family) can then travel to the United States and be admitted as lawful permanent residents (Green Card holders).
- If the investor is already in the U.S. on a legal status: They could file for Adjustment of Status (Form I-485) to switch from their current visa to a permanent resident status without leaving the country. They would also need a medical exam and possibly an in-person interview at a USCIS office. Once approved, their status is adjusted to permanent resident.
Issuance of Green Card: After entering the U.S. (in the consular route) or upon adjustment approval (in the domestic route), the applicant becomes a Lawful Permanent Resident (LPR). Initially, this may be a conditional Green Card valid for 2 years, as is the case with EB-5 investors. The condition (in EB-5) was tied to job creation; for Gold Card investors, it’s not yet clear if any conditions would apply. It’s possible the Gold Card could be issued as a full (unconditional) Green Card from the start, since the requirement is just the investment payment. If they do implement conditions, it might relate to maintaining the investment for a certain period or other integrity measures. Details on this will emerge with the legislation.
Removal of Conditions (if applicable): If a conditional 2-year residency is given initially (this was standard in EB-5 to ensure the investment and jobs materialized), Gold Card holders might need to file a petition to remove conditions near the end of the two years. In EB-5, this step (Form I-829) required proof that the investment stayed and the jobs were created. Under Gold Card, if no job requirement exists, the removal of conditions could be straightforward – possibly just confirming the funds remained invested for the required duration or that the applicant complied with any program rules. It’s also plausible that no condition phase will be used for Gold Card due to its structure as an upfront payment. In that case, this step is not needed and the Green Card is permanent from day one.
Naturalization to Citizenship: Finally, after maintaining permanent resident status for the required period, the Gold Card holder can apply for U.S. citizenship. Generally, an LPR can apply for naturalization after 5 years of continuous residence (among other requirements). The Gold Card itself is being marketed as a “fast track” to citizenship, but it does not bypass the standard naturalization timeline set by law. Investors will need to:
- Live in the U.S. for the majority of those 5 years (at least 30 months physically present in the U.S. out of 5 years, unless an exception or expedited path is legislated).
- Meet other naturalization criteria like good moral character, basic English proficiency, and knowledge of U.S. civics.
- Upon approval, the applicant takes the Oath of Allegiance and becomes a U.S. citizen, enjoying all citizenship rights (e.g., the right to vote and a U.S. passport).
Required Documents Checklist: In summary, applicants should be prepared with the following documents when pursuing a Gold Card visa (much of this mirrors EB-5 requirements, adapted for the new program):
- Valid passport(s) for the investor and each accompanying family member.
- Financial statements proving availability of $5 million.
- Evidence of source of funds (business ownership documents, sale contracts, inheritance papers, gift letters, etc. plus tax documents to prove income).
- Payment/Investment confirmation (escrow agreement or government receipt for the $5M).
- Personal background documents: birth certificates, marriage certificate (if applicable), and any divorce/death certificates for prior marriages.
- Police clearance certificates from all countries of residence for significant periods (usually 6+ months) to show a clean criminal record.
- Completed USCIS application forms (the specific form number for Gold Card investors will be designated when the program is enacted).
- Medical examination report (for the visa stage) from a U.S.-approved doctor.
- Passport-style photographs and other standard immigration form supporting materials.
Because the Gold Card visa is a new initiative, the U.S. government will likely publish an official application guide and form instructions detailing the process once it’s launched. Applicants should closely follow any USCIS or Department of State guidance. Working with an immigration attorney is highly advised given the complexity and stakes – they can help prepare the petition, ensure all documents are in order, and navigate any evolving requirements as the program rolls out.