University professors are suing the Trump administration over a “Gold Card” visa program that expedites alien entry for those who can pay $1 million.
The American Association of University Professors filed a lawsuit in U.S. District Court for the District of Columbia, alleging the program violates the Immigration and Nationality Act by prioritizing applicants’ wealth over merit.
The lawsuit calls for the court to declare the Gold Card program unlawful and to halt its enforcement.
The complaint says the program effectively sells U.S. residency to the wealthy, even though federal law calls for prioritizing scientists, researchers, engineers, and other professionals based on merit.
“The Gold Card, which privileges wealthy immigrants over others, is part of a larger attack on immigrants, research, and higher education,” AAUP President Todd Wolfson said in a statement. “This unlawful program directly harms our members and the public. We stand firmly against it.”
President Donald Trump signed an executive order last September to make individuals eligible for EB-1 and EB-2 employment-based visas based solely on payments of at least $1 million by individuals or $2 million by corporations. The visas are slated for high-skill applicants such as researchers and those with advanced degrees.
The departments of Commerce, Homeland Security, and State administer the program, which focuses on individuals or businesses that can provide a “substantial benefit to the United States” to expedite the process.
“A $1 million gift upon completion of the individual’s vetting is evidence that the individual will benefit the United States. An individual may also need to pay small, additional fees to the U.S. Department of State depending on his or her circumstances,” the program’s website says.
When contacted by The Daily Signal, the Department of Homeland Security referred to the Commerce Department, which did not immediately respond to an inquiry for this story.
The complaint contends that only a limited number of visas and agency resources are available, and the paid-for expedited visas will push out the merit-based visas.
The lawsuit contends this will increase wait times and deny opportunities to qualified professionals.
A foreign alien wanting to use the program has to pay a $15,000 processing fee for the Department of Homeland Security to conduct a thorough background check. If a background check passes, the foreign national would qualify to pay a $1 million contribution to the federal government for a Gold Card.
An EB-1 visa is an employment-based immigrant visa for individuals with “extraordinary ability” that could include professors or researchers and allows them to live permanently in the United States.
An EB-2 visa is an employment-based immigrant visa for professionals with advanced degrees or experience in the sciences, arts, or business.