David Diorio is a partner in the Chicago office of the AmLaw 100 law firm BakerHostetler.
Timothy Payne is a partner in the Chicago office of the AmLaw 100 law firm BakerHostetler.
As demand for talent, capital, and global mobility intensifies worldwide, the US immigration landscape is evolving rapidly, presenting both opportunities and challenges for high-net-worth individuals pursuing residence through investment pathways such as the EB-5 or the much-discussed US ‘Gold Card’. While America’s immigration politics monopolize the headlines, it’s key for investors to focus on how to adapt practically to the shifting regulations — and act strategically before doors close or requirements tighten.
The US EB-5 Immigrant Investor Program remains the most established route for foreign investors seeking a US Green Card. But it’s under increasing scrutiny — from regulators as well as from potential investors who are closely monitoring whether the program will remain viable in light of new policy experiments such as the proposed US Gold Card.
While details remain murky, the Gold Card idea floated by President Donald Trump in February would allow wealthy investors to pay USD 5 million to purchase US permanent residence, expediting the Green Card process by circumventing the traditional regulatory and procedural hurdles. Notwithstanding reports suggesting the digital infrastructure for the Gold Card is already in the works, many legal experts question the president’s authority to unilaterally install such a program without congressional approval.
The Immigration and Nationality Act (INA), in its current form, does not allow for the implementation of a Gold Card program. To establish this new program, either Congress would need to pass, and the president would need to sign into law, an amendment to the INA, or the administration would need to implement the program without congressional authorization, and bank on it surviving scrutiny by the Supreme Court. President Trump has already shown a willingness to take unorthodox steps in pursuit of his administration’s immigration policy goals, though it remains to be seen whether or not he intends to see his Gold Card program through to fruition.
Despite the legal ambiguity, the buzz surrounding the Gold Card is forcing the immigration investment community to grapple with serious questions: Will it eventually replace the EB-5 program? Will it run in parallel and fragment demand? Could a Permanent Residence Card issued under the Gold Card program be rescinded, or could progress toward US citizenship be forfeited, if the program is later found to have been implemented improperly?
For many investors, this uncertainty is already shaping behavior. Some are pausing EB-5 commitments in hopes of a faster, less burdensome Gold Card option. Others are doubling down on EB-5 to lock in benefits before a potential policy shift disrupts the landscape.
Meanwhile, the EB-5 program itself is evolving. The EB-5 Reform and Integrity Act of 2022 has reinforced the program’s credibility through enhanced oversight and transparency, but it has also increased compliance costs and processing times. Regional centers now face stricter audits, and investors must navigate more rigorous source-of-funds requirements. Despite these hurdles, the EB-5 remains attractive, particularly for projects in real estate and infrastructure, with a reported uptick in applications tied to urban redevelopment in states such as California and Texas.
Complicating matters further is the current state of the global economy and US trade policy. As trade tensions simmer — particularly between the USA and China — wealthy investors are exploring residence programs not just for lifestyle or travel purposes but also as an economic hedge.
For example, geopolitical friction over semiconductor trade has driven some Chinese tech entrepreneurs to seek US residence to protect access to capital markets, supplier networks, and US customers. Inflation and ongoing volatility in the US stock market are prompting foreign investors to diversify their portfolios and hedge against currency risk through real estate or other ventures suitable for an EB-5. Developers in New York and Florida, for example, have recently reported increased EB-5 interest tied to commercial real estate de-risking, especially from Latin American investors worried about currency devaluation and political instability in their home countries.
On the other hand, the current trade climate and financial market volatility have also made the USA a less predictable environment for foreign capital. Real estate and infrastructure projects, for example, are directly affected by tariffs on imported constructions materials. These same sectors are also expected to experience increased labor costs due to the Trump administration’s immigration policies. These variables make it difficult to gauge the short- and long-term profitability of such investments.
Charting a course through the US immigration landscape in 2025 means navigating through uncharted waters. With new proposals like the Gold Card on the horizon and familiar routes such as the EB-5 program getting regular updates, it’s more important than ever that investors stay informed and nimble. The regulatory, political, and global economic tides can shift quickly in the world of immigrant investor programs, but the USA remains an attractive destination for foreign nationals seeking opportunity and a pathway to permanent residence through investment.