“Gold Card” Executive Order and Your EB-1A or NIW Case: What You Should Know

On September 19th, the White House issued an executive order introducing the concept of a “Gold Card” to attract top global talent, potentially affecting EB-1A, NIW, and EB-5 categories. While the EO cannot change federal law, it can guide USCIS on interpreting existing statutes. Agencies may issue policy guidance or internal memos in the coming days or weeks, which can influence how officers review applications. To simplify, we’ve grouped questions based on where you are in the process.

For Clients With Pending Cases

Will this EO affect my pending case? Your petition remains valid. An EO cannot cancel pending cases or change statutory criteria, which only Congress can modify. However, USCIS may reinterpret the criteria through policy guidance or memos, potentially affecting how strictly they apply standards for EB-1A, NIW, and EB-5 cases.

Will my priority date change? No. Your priority date is fixed when your I-140 is filed. The EO does not alter your place in line.

For Clients Preparing Their Filing

Can I still prepare my EB-1A or NIW petition as usual? Yes. Continue gathering evidence and organizing your application. While the EO may influence how USCIS evaluates certain evidence, preparation steps remain unchanged. The Gold Card was first proposed in February 2025, and the EO was signed seven months later, so the timing of further implementation is uncertain.

Should I wait for new guidance before filing? Not necessarily. Filing now locks in your place in line. If your field is highlighted by the EO, you may later adjust how you present your evidence to align with new guidance.

Will policy changes affect what counts as strong evidence? Possibly. USCIS may issue memos clarifying or broadening the interpretation of the criteria. Your existing evidence may already be strong, but staying informed can help emphasize key points.

For Future Clients Planning to File Soon

Is it still safe to start planning my EB-1A or NIW case? Yes. EB-1A and NIW are statutory categories. EO-related changes may influence interpretation, but do not eliminate the category.

Should I rush to file? Not necessarily. Filing secures your place in line, but waiting a few weeks for new guidance could allow you to present a stronger case. This depends on your professional background and field.

Could the EO affect which fields are prioritized? Yes. Certain professions may be identified as high-priority, which could influence USCIS's evaluation.

Final Thought

The executive order signals potential trends for EB-1A, NIW, and EB-5 categories, but immediate, dramatic changes are unlikely due to ongoing litigation and the need for Congressional authorization for law changes. Our firm continues to monitor policy closely. Please book a consultation with us for personalized guidance regarding your case.