Context: 

President Donald Trump has announced a visa program called “Gold Card” for foreign investors seeking permanent residency in the United States and ultimately American citizenship.

More on the News

  • The proposed “gold card” or “golden visa” will replace the existing EB-5 (employment-based, 5th preference) visa.
  • The “gold card” can be bought for $5 million as a route to American citizenship.
  • As per current scenario, US issues 10,000 EB-5 visas annually, with each country allocated a maximum of 7%.
  • The EB-5 visa program has been criticised for permitting abuse and fraud.
  • President Trump stated that the gold card would attract wealthy people and the money would be used to pay off the US’ debt.
  • The gold card may allow companies like Apple to sponsor applicants with exceptional talent.
  • There is scepticism that it will attract wealthy individuals at it could entail double taxation – at home and in the US. Also, significant changes to immigration policy require US Congress’ approval where the proposal may not get enough backers.

About Investment Visas:

  • “Residence by investment” or “golden visas” enable high net-worth individuals to acquire temporary or permanent residency in a foreign country.
  • It is a means to stimulate the economy by attracting foreign investments and augmenting government income.
  • More than 100 countries around the world offer golden visas.
  • Golden passports, or “citizenship by investment,” on the other hand, provide full citizenship rights.

Comparison with EB-5 Visa Program

EB-5 Visa ProgramGold Card Visa Scheme
Green Card is issuedGold Card is issued
Grants US residency with citizenship possible only by fulfilling certain conditions (e.g. 5 years of continuous residence)Grants US residency and direct path to citizenship
Require investment of $800,000 (Rs 7 crore) to $1 million dollars (Rs 8.71 crore)Require direct payment of flat fee worth $5 million (Rs 43.5 crore)
Investment should create at least 10 jobsNeed not create jobs
Longer processing timeExpedited residency and citizenship

Concerns Raised

  • Security Risks: Golden visas often facilitate tax evasion, money laundering and corruption, leading countries like UK and Netherlands to end or tighten their visa policies.
  • Against Meritocracy: The program amounts to putting American citizenship on sale and favouring money over merit.
  • Foreign Influence: Analysts warn that wealthy foreigners like Russian oligarchs could use gold cards as means to influence US’ domestic and foreign policy. 

Challenges Ahead

  • Legislative Challenges: A significant change in immigration policy would require approval by Congress. Despite Republican majorities, some may resist the idea of “selling” citizenship due to opposition from Democrats.
  • Judicial Intervention: Legal challenges to visa programs may arise due to the complexities in the structure and functioning of the program specifically related to administration and potential impact.
  • Public Opposition: Widespread public opposition and protest can take place due to concerns over equality and commodification of citizen rights among Americans.

Implications for Indians

  • Reduce Residency Pathway: EB-5 program has become popular among Indians with 733 Indians getting residency through this route in FY24. Its scraping will close this route.
  • Widened Diaspora Disparities: It would potentially widen the gap between affluent Indians who can afford to pay $5 million and skilled immigrants who cannot, influencing the broader Indian-American community dynamics.
  • Longer Wait for other Visas: Gold card visas could increase the green card wait time for holders of other visas like the H-1B work visa.
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