On September 19, 2025, the President signed a new Executive Order called “The Gold Card.” While publicly framed as an expedited path to permanent residence for individuals making significant financial contributions, the order raises serious concerns for those already pursuing green cards through the EB-1 (extraordinary ability/professionals) and EB-2 National Interest Waiver (NIW) categories.

The order directs the Department of Homeland Security (DHS), together with the Departments of State and Commerce, to issue detailed regulations and set up application procedures within 90 days—by December 19, 2025. Until then, much remains uncertain. 

Why This Matters

At first glance, the Gold Card may look like an entirely new immigration pathway. But no new visas were created. Instead, the program appears likely to pull from existing EB-1 and EB-2 visa numbers, which could reduce opportunities for highly qualified professionals already in line.

This shift is especially concerning for applicants from oversubscribed countries such as China, where the visa backlogs are already significant. As of October 2025, the Department of State Visa Bulletin lists:

• EB-1 China Final Action Date: December 22, 2022
• EB-2 China Final Action Date: April 1, 2021 

Key Risks for EB-1 and EB-2 Applicants

• Reallocation threat – The Gold Card regulations may reassign EB-1 and EB-2 visa numbers, limiting or displacing merit-based immigration.
• Uncertainty for pending cases – Applicants with petitions already filed may face new transition rules, conversion requirements, or even changes in how priority dates are treated.
• No statutory increase – Visa caps under the Immigration and Nationality Act remain unchanged, which means more competition for the same limited numbers.
• Potential legal challenges – Any executive attempt to reallocate EB-1/EB-2 visas could be contested in court, adding another layer of uncertainty. 

What Applicants Should Do Now

With regulations expected by December 19, 2025, applicants should act quickly to preserve options:

1. File promptly – Submit petitions under current rules to lock in priority dates before potential changes take effect.
2. Consider dual-track filings – Where possible, pursue both EB-1A and EB-2 NIW to maximize flexibility.
3. Evaluate EB-5 – As a hedge, note that EB-5 investor visas operate under separate statutory allocations and are less vulnerable to this type of executive reallocation.
4. Plan for contingencies – Work with your attorney to develop strategies in case EB-1/EB-2 pathways are restricted. 

The Gold Card Executive Order introduces major uncertainty for employment-based immigrants, particularly in EB-1 and EB-2 NIW categories. With the government required to publish binding regulations by December 19, 2025, now is the critical window to file, secure priority dates, and prepare fallback options.

Staying informed and acting promptly will be essential for individuals and families navigating these fast-moving changes.