Trump 'Gold Card' seeks to rewrite visa program

“It will set up a new pathway, a new visa pathway for foreigners of extraordinary ability who are committed to supporting the United States,” said White House Deputy Chief of Staff Stephen Miller.

U.S. Secretary of Commerce Howard Lutnick said the program is intended to replace EB-1 and EB-2 visas, which offer green cards to people with “extraordinary ability.”

The EB-1 visa program was first established by the Immigration Act of 1990 and is distinct from other visa programs because it does not always require sponsorship from a family member or proof of a job offer.

Instead, the program has three categories for recipients: “extraordinary ability,” “outstanding” professors and researchers, and certain multinational managers or executives. In order to be considered for the “extraordinary ability” category, candidates must include evidence in three out of 10 criteria:

• Lesser known nationally or internationally recognized prizes
• Membership in associations in a field which demands “outstanding” achievement of its members
• Published material about an individual in professional or major trade publications
• Proof that the individual was asked to judge the work of others
• Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• Authorship of scholarly articles in professional or major trade publications or other major media
• Individual’s work has been displayed at artistic exhibitions or showcases
• Individual has performed in a leading or critical role in distinguished organizations
• Individual commands a high salary
• Individual has experienced financial successes in the performing arts

The U.S. Citizenship and Immigration Services website lists Pulitzer Prizes, Oscars and Olympic medals as sufficient evidence of demonstrating “extraordinary ability.”

Melania Trump is one notable individual who received an EB-1 visa in 2001, according to reports. 

The EB-2 program is geared to advanced degree professionals and is considered “second preference" to EB-1 visa holders. EB-2 holders are required to meet similar criteria to that of EB-1 holders.

U.S. Sen. Dick Durbin, D-Ill., criticized Trump’s move to replace EB-1 visas with the gold card.

“He’s bringing that same ego-driven approach to our immigration system with an illegal pay-to-play scheme that undermines our values and rewards wealth over hard work, talent, and a love for America,” Durbin said.

Lutnick said he expects the program to raise more than $100 billion for the United States. Trump said the money raised will go to cutting taxes and federal debt.

The EB-1 visa program has grown in popularity throughout the years and has led to stricter scrutiny and lengthier application processing times, according to Reddy Neumann Brown, an immigration firm based in Texas.

“Candidates need to meticulously record their accomplishments and offer strong proof in order to satisfy the demanding requirements of the EB-1A criteria,” the law firm said.

The “Gold Card” also appears to be an effort to shorten wait times for foreign nationals pursuing citizenship in the United States.

“We’re going to be able to keep people in our country that are going to be very productive people, and in many cases, these companies are going to pay a lot of money for that,” Trump said.

Still, Durbin said Trump's program allows wealthy cartel bosses and rich foreign nationals to gain an advantage in the American immigration system. 

“We need a fair and orderly immigration system that preserves our safety and national security, attracts the best and brightest, and maintains our status as a beacon of hope for the most vulnerable,” Durbin said. “Instead of creating policies that help American businesses and families, President Trump is rolling out the welcome mat for Russian oligarchs and cartel bosses.”