In the world of U.S. immigration policy, most changes require significant debate in Congress—especially when it comes to reforming the Immigration and Nationality Act (INA). But what if the president wanted to create a streamlined immigration path for high-net-worth individuals to boost investment, innovation, and job creation?
There is a tool available for the proposed Gold Card program: private immigration bills. With the recent announcement of a website for interested Gold Card applicants to register, the Trump administration may be considering using private immigration bills to implement this new program.
What Is a Private Immigration Bill?
A private immigration bill is a law passed by Congress that applies only to a specific individual or group, providing them with immigration relief—such as permanent residency or even citizenship—outside the normal channels. Unlike public laws that apply broadly (like the EB-5 investor visa program), private bills bypass existing immigration categories and eligibility restrictions. They’re tailored, targeted, and flexible.
How Does the Private Immigration Bill Process Work?
- Candidate Identified – A high-net-worth individual seeking permanent status in the United States, but who doesn’t qualify or want to process through the standard EB-5 immigrant investor visa program, seeks congressional sponsorship for a private bill.
- Bill Introduction – A member of Congress introduces the private bill on their behalf. This bill can grant lawful permanent residency or citizenship directly.
- Committee Referral – The bill is referred to the House or Senate Judiciary Committee, typically to the Subcommittee on Immigration. Supporting documentation (including economic impact, business contributions, investment plans) is submitted.
- Congressional Deliberation – Congress discusses the bill and brings it to a vote if the bill gains enough support. If the bill passes in both the House and Senate, it goes to the president.
- Presidential Signature – The president signs the bill, and it becomes law. The individual receives the immigration status authorized in the bill.
How Could the President Fast-Track Investment Immigration Through the Gold Card Program?
The president cannot unilaterally change immigration law or create a new visa category for investors without Congress. But by working within the framework of private bills, the president could do the following:
- Publicly promote a “High-Impact Immigrant Investor Initiative” aimed at attracting global wealth and talent to reduce the federal deficit.
- Partner with congressional allies to introduce private bills for selected high-net-worth individuals who invest $5 million in the United States. The Trump administration would need to define how the investment would be used and what would qualify.
- Coordinate through federal agencies like the Department of Commerce and Department of State to identify eligible candidates and build bipartisan support.
- Signal executive support to Congress and leverage the White House platform to prioritize and fast-track these bills through the legislative process.
This approach would not require amending the INA but would achieve the same outcome: granting permanent status or citizenship to individuals selected on the basis of their economic contributions.
Why Use Private Bills for Investment Immigration?
- Customization – Private bills can be tailored to individuals who fall outside existing visa categories but still offer high value to the United States.
- Speed – While not automatic, private bills can be prioritized politically in ways traditional visa processing cannot. The Trump administration has said the Gold Card would offer a “fast track” for investors.
- No need for legislative overhaul – Private bills sidestep partisan gridlock over immigration reform.
Caveats
- Not scalable – Each private bill must pass Congress individually.
- Requires political capital – Lawmakers would need to be willing to sponsor and support such legislation.
- Unusual, but legal – Private bills are rarely used, so this strategy would be unconventional—but it is fully within the constitutional powers of Congress and the president.
The Trump administration seeks to make immigration more responsive to economic strategy, especially in attracting global investors, entrepreneurs, and wealth creators, and private immigration bills offer a potential, legal, creative workaround. While they don’t rewrite the rules for everyone, they allow the United States to open the door to selective, high-impact immigration without needing to amend legislation.