Reviewed by Jane Katkova, Founder & Licensed CICC ConsultantThe first sworn figures on take-up of the Gold Card programme became public on 28 April 2026, when the US government filed a motion to dismiss the lawsuit brought by the American Association of University Professors. Declarations from USCIS and State Department officials filed with the motion set out how many people had applied since the programme opened on 10 December 2025.
Gold Card programme data as at late April 2026
| Measure | Figure |
|---|---|
| Requests received | 338 |
| Filing fees successfully processed | 165 |
| Form I-140G petitions filed | 59 |
| Confirmed approvals | 1 |
These figures are taken from an analysis of the filing published by the law firm Mona Shah & Partners. The single approval is consistent with press reports in April and May 2026 that Commerce Secretary Howard Lutnick told lawmakers only one Gold Card had been approved.
The government used the low volume as part of its defence. It compared the 59 petitions with fiscal year 2025 receipts of 51,371 EB-1 and 116,193 EB-2 petitions, and stated that six Gold Card adjudicators had logged 141.5 hours between December 2025 and February 2026, against more than 55,000 hours for 275 standard employment-based adjudicators. Its argument is that the programme does not displace other applicants in any measurable way.
How the declarations describe eligibility
According to the same analysis, a government declaration states that the gift is treated as evidence of extraordinary ability for an EB-1A visa, and of exceptional business ability and national benefit for an EB-2 visa. That characterisation is the point the plaintiffs contest, because the statute defines those categories by ability and does not mention payment. The court had not ruled on the merits when we prepared this update.
What this means for applicants
Three practical points follow. First, there is almost no adjudication record. With one confirmed approval, no one can state a reliable processing time or approval rate, whatever the programme's stated intent. Second, the route remains under legal challenge, and the US$1 million gift is not refundable in the way an investment is.
Third, press coverage has linked the low take-up to tax. A Gold Card holder is a lawful permanent resident and therefore a US tax resident on worldwide income, with FBAR and Form 8938 reporting. For Canadian citizens that means coordinating two tax systems under the treaty. For US residents on other passports who are already US tax residents, the tax position changes less, and the question is whether US$1 million as a gift is preferable to US$800,000 as an at-risk EB-5 investment that may be repaid.
We keep our Gold Card page updated as figures are released. To compare the routes with your own numbers, book a consultation with us.