EB-5 Visa & Trump Gold Card: Fast-Track for Investors

WEB'S ON FIRE

Chaifry

8/29/20255 min read

A hot cup of chai always makes big decisions feel a bit easier, doesn’t it? At Chaifry, we are here to break down the latest U.S. immigration updates like we are chatting over tea. The EB-5 visa Programme is moving forward, offering Indian families a clearer path to a U.S. Green Card. Meanwhile, the Trump Gold Card, a new $5 million visa proposal, is stirring up excitement and doubt. For investors, business owners, and parents planning for their kids, these changes could shape your future. Let us dive into what is happening, the U.S. government’s rules, and what you can do, keeping it simple and clear.

EB-5 Visa: A Faster Path to Residency

The EB-5 Immigrant Investor Program, launched by the U.S. Congress in 1990 and managed by the U.S. Citizenship and Immigration Services (USCIS), lets foreign investors secure U.S. permanent residency by funding projects that create American jobs. For Indian families, it is a chance to access top U.S. schools and stable careers for their kids.

To qualify, you invest $800,000 in a targeted employment area (TEA)—rural or high-unemployment zones—or $1,050,000 elsewhere. These amounts, set by the EB-5 Reform and Integrity Act of 2022, adjust every five years for inflation. Your investment must go into a new commercial enterprise, like a for-profit business started after 1990, and create ten full-time jobs (35 hours a week) for U.S. workers, excluding you or your family. The money must be “at risk,” with no guaranteed returns, and come from legal sources, proven by documents like bank statements or tax returns.

The process has two steps. You file Form I-526 (or I-526E for regional center projects) to prove your investment meets the rules. If approved, you get a conditional Green Card for two years. Before those two years end, you file Form I-829 to show the jobs were created, making your residency permanent.

In August 2025, the U.S. Visa Bulletin brought good news. For Indian applicants, the cutoff date for unreserved EB-5 categories moved forward by six months, easing years-long backlogs due to high demand. The 2022 reforms set aside 32% of the 10,000 annual EB-5 visas for specific projects: 20% for rural areas, 10% for high-unemployment zones, and 2% for infrastructure. When these set-asides are not fully used, extra visas spill into the general pool, speeding up the line. All set-aside categories are now “current,” meaning no wait for visas if your project qualifies. This is a big relief for families waiting, like a crowded Bengaluru Street finally clearing up.

Most EB-5 investments go through USCIS-approved regional centers, which pool funds for large projects like real estate or tech hubs. These centers can count indirect jobs, like those in construction or supply chains, making the 10-job requirement easier to meet. But you need solid proof, like economic models, to show the jobs are real.

The Trump Gold Card: A Proposal in the Air

The Trump Gold Card, announced on February 25, 2025, is a proposed $5 million visa promising fast-tracked residency and a path to citizenship without EB-5’s job-creation rules. The U.S. administration says it will bring in billions and reduce fraud. As of August 29, 2025, it is just an idea—you can join a waitlist at TrumpCard.gov, but there are no application process or rules.

The U.S. President can issue executive orders to guide immigration policy, and the Gold Card might come through one. These orders act like laws within the President’s authority, often setting visa priorities or restrictions. If it happens, the Gold Card could offer immediate work rights and skip EB-5’s two-year conditional period. But EB-5 is a Congressional law, and replacing it needs legislative approval. The 2022 reforms protect EB-5 until September 2026, so current applicants are safe. An executive order bypassing Congress could face lawsuits, potentially stalling it for years.

For Indian investors, the Gold Card’s $5 million price is steep compared to EB-5’s $800,000 minimum. It might appeal to the ultra-rich seeking speed, but for most, it is out of reach. The talk is making some pause on EB-5, worried it could lose priority if the Gold Card launches.

U.S. Government Rules and Orders

EB-5’s rules, outlined in the Immigration and Nationality Act and USCIS policies, are strict. Your investment must be in a new commercial enterprise, fully at risk, with legal funds backed by documents like tax returns. You need 10 full-time jobs, verified through payroll records or economic models for regional centers. Background checks are mandatory, and fraud can lead to rejection.

The 2022 Integrity Act added safeguards, like annual audits for regional centers, to ensure transparency. This has helped speed up processing, as seen in the August 2025 bulletin. The U.S. Department of State’s visa bulletin, updated monthly, sets cutoff dates based on visa availability and demand.

Executive orders also shape the landscape. A January 2025 order declared a border security emergency, increasing enforcement and deportations, which could mean extra scrutiny for EB-5 applicants. A June 2025 order banned nationals from countries like Afghanistan from most visas, but this does not affect Indians. These orders show how the administration uses executive power, and the Gold Card could follow this path. If it becomes an order, it might set rules for eligibility and benefits like work permits, but without Congress, it is legally shaky.

U.S.-India Tensions and Tariffs

These immigration updates come amid U.S.-India tensions. On August 27, 2025, the U.S. imposed 50% tariffs on Indian imports, targeting our purchase of Russian oil during global conflicts. These tariffs are hitting textiles, gems, pharmaceuticals, and seafood, disrupting our $87 billion export market. The Indian government’s pushing “Made in India” to boost local demand, urging us to buy homegrown products to rely less on the U.S.

For investors, this makes U.S. residency a tougher call. A challenging trade environment and a $5 million Gold Card might not be worth it. But EB-5 could help set up a U.S. base while diversifying business. India’s self-reliance push creates local opportunities, like in manufacturing, as a fallback.

How “Made in India” Helps Workers and SMEs

The “Made in India” campaign supports workers and small businesses. For workers, it means steady jobs despite tariffs. In textiles, government schemes help factories keep workers employed and train them for modern roles, like operating high-tech machines. This supports workers in places like Surat, ensuring growth reaches small towns.

Small and medium enterprises (SMEs) get help too. Loans and credit guarantee support textile units in Coimbatore or jewellery makers in Jaipur. By growing domestic markets, SMEs can sell more locally, like pharma companies supplying Indian hospitals. This strengthens our economy, giving investors’ confidence in local options alongside U.S. plans.

What This Means for Indian Investors

For Chaifry readers—business owners, professionals, or parents—EB-5 is a big draw. Many use it to secure U.S. education for their kids, avoiding student visa hassles. Applications have surged over 100% recently, showing high demand. The August advances mean recent I-526 filers are closer to approval, especially for set-aside projects.

The Gold Card, if it launches, could suit the ultra-wealthy, offering a quick path without job-creation rules. But at $5 million, it is not practical for most, and its uncertainty makes EB-5 safer for now. Risks like project failures or currency swings are real—USCIS requires your money to be at risk, so choose projects carefully, ideally with proven regional centers.

Other visa options, like EB-2 for skilled workers or EB-1 for top talents, are worth exploring. EB-2 needs a U.S. job offer unless waived for national interest, like for researchers. EB-1 is for leaders in fields like business, requiring proof like awards.

Your Next Steps

Here is how to stay ahead:

  1. Check Your Status. If you have filed an I-526, compare your priority date to the visa bulletin. Set-aside projects might be current.

  2. Act Now. File for EB-5 to lock in the $800,000 minimum and current rules.

  3. Choose Wisely. Pick USCIS-approved regional centers with strong track records, ideally in TEAs for faster visas.

  4. Monitor the Gold Card. Stay updated, but do not count on it until it is real.

The Chaifry Team : This article is for informational purposes only and does not constitute legal advice.