Lawsuit Challenges Gold Card

A federal lawsuit was filed on Feb. 3, 2026, in the United States District Court for the District of Columbia by the American Association of University Professors challenging the Gold Card Program.

The Gold Card Program, created by Executive Order 14351 in September 2025, is an executive initiative, implemented through presidential authority and without Congressional action. Specifically, the program relies on existing immigrant categories (specifically EB-1A and EB-2 NIW) for immigrant visa issuance. Executive Order 14351 created a hybrid program that blends donation-based residency incentives with employment-based visa adjudications.

The lawsuit challenges the Gold Card Program under the Administrative Procedure Act and the Immigration and Nationality Act, stating that the program was enacted without Congressional and statutory authority. The lawsuit argues that Congress "has exclusive authority to regulate immigration and to raise revenue. By giving priority