Immigration attorney Michael Wildes has represented to the first lady of the USA, Melania Trumpand their parents, who are naturalized citizens. He obtained visas for the winners of the Miss Universe title when the current president of that country, Donald Trump, directed the organization of the pageant. He has also provided legal services to the Kushner family – Jared Kushner is the president’s son-in-law. But when he has fielded calls from potential clients interested in a gold card visa that Trump has touted for wealthy foreigners, he has told them there is little he can do because the program is legally dubious. “It would be unethical for me to retain them,” Wildes said.
Immigration lawyers who have represented wealthy people advise their clients not to pay the US$15,000 fee to apply for the US$1 million or US$2 million visa that Trump announced, citing the lack of a visa established by Congress, ongoing litigation against the visa program and uncertainty about the tax implications for their clients. Seven immigration attorneys who work with the type of wealthy clientele that the gold card program is intended to attract testified to Washington Post who have discouraged their clients from applying for the gold card or have refused to help foreigners who have already applied for it, instead recommending that wealthy people consider legal and established methods of reaching the US.
At last week’s Invest In the USA conference in Washington DC, attended by immigration attorneys representing foreign investors, the gold card visa issue was barely mentioned, according to Aaron Grau, executive director of the trade association organizing the conference. “It’s a recurring question that people talk about when they have a beer,” Grau said. “It’s not really a serious conversation.” Invest In the USA advocates for the EB-5 visa, which dates back to 1990 and grants residency to foreigners who make certain investments in the U.S. to create jobs.
According to Grau, members of the association have spoken with lawmakers and their staff on Capitol Hill, and have been met with looks of disbelief when the gold card visa is mentioned; They have been told there is no interest in turning the executive order into law. After Commerce Secretary Howard Lutnick informed lawmakers in late April that a person had recently received a gold card visa, immigration attorneys speculated about who it might be.
No one mentioned anyone on an email list of immigration attorneys, and one of them wondered If Lutnick was referring to rapper Nicki Minaj, who posted a photo of a gold card visa with Trump’s face on it that had been given to her — a senior official, who spoke on condition of anonymity, candidly stated that Minaj’s card was simply a “souvenir” and not a real visa. The White House has declined to provide more information about the person whose visa was approved.
However, a document filed by the Government in court, in a lawsuit related to the visa program, revealed that it has been processed a limited number of applications: out of 338 for the gold card visa165 have paid the US$15,000 non-refundable application fee to continue the process, and 59 people have moved on to the next stage of completing Department of Homeland Security paperwork. The application also stated that gold card visa applicants would not necessarily be approved before others applying for an EB-1 or EB-2 visa, which are awarded to extraordinarily talented foreign nationals who did not pay expensive gold card fees.
Mona Shah, a lawyer for two clients at different stages of the gold card visa application process, said court documentation told her that previous promises of fast processing were “false advertising,” and warned her clients that your gold card applications may not be successful. However, he noted that his clients, originally from Nigeria and Pakistan, are frustrated by travel bans and restrictions and are willing to invest money to obtain residency. But, he added, it’s just a possibility. “They want me to tell them, ‘Yes, they’re going to get it,’ and I can’t tell them that,” Shah said.
Lawyers said they were particularly concerned about the repercussions this could have on their own careers when advising their clients to consider obtaining the gold card visa. Ron Klasko, an immigration attorney who has handled a gold card visa case for a Ukrainian businessman, hired another attorney to advise him on ethical considerations, and has created a chart to explain to his clients the differences between the gold card visa and the EB-5 visa, to help them make informed decisions. On one side of the graph, Klasko explains that the EB-5 program requires an investment of US$800,000, can grant residency to the spouse and minor children, and would only be modified through legislation.
On the other hand, the gold card requires an investment of US$1 million and an additional US$1 million for each family member, and can be eliminated by executive order. Furthermore, he points out that the gold card is exposed to litigation because there is no law or regulation to support it. Their clients often assume that the gold card will offer them other tax advantages. Their chart explains that gold card visa holders and EB-5 visa recipients are taxed on their worldwide income. “Typically, they say, ‘Thank you, we’ll think about it and let you know,'” Klasko said, “and they usually say, ‘We’ve decided to go into the EB-5 program.'” Other lawyers, like Wildes, don’t think it’s worth the risk.
While many of his contacts come from corporations, the calls he most frequently receives about permanent residency visas are from people with no legal knowledge of immigration matters. One of them was a wealthy college student who had overstayed her visa and didn’t know what to do to finish her studies. In another case, the mother-in-law of a man who obtained permanent residency for his family, but could not include them as a dependent, was looking for a way to immigrate with them. In both cases, Wildes directed them toward other programs.
Immigration attorney Rosanna Berardi said she has received inquiries from clients interested in the gold card, but has “made the professional decision not to accept these cases” due to concerns about the legality and cost of the application, which carries no guarantee of approval. “As immigration advisors, our obligation is always to protect the interests of our clients,” he said, “and we do not believe it is appropriate to recommend a program with so much legal uncertainty and financial risk, even when clients express a desire to continue.”