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?

  1. 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.
  2. Bill Introduction – A member of Congress introduces the private bill on their behalf. This bill can grant lawful permanent residency or citizenship directly.
  3. 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.
  4. 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.
  5. 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.

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Photo of Kate Kalmykov Kate Kalmykov

Kate Kalmykov is based in our New York and New Jersey offices and has over two decades of experience in business immigration matters. Kate currently Co-Chairs the Global Immigration & Compliance Practice at Greenberg Traurig. In this role, she works with employers of

Kate Kalmykov is based in our New York and New Jersey offices and has over two decades of experience in business immigration matters. Kate currently Co-Chairs the Global Immigration & Compliance Practice at Greenberg Traurig. In this role, she works with employers of all sizes across a variety of industries in understanding and complying with the immigration laws relating to the hiring and retention of foreign talent. Specifically, her practice focuses on supporting clients and advising them on temporary and permanent residency immigration options for multi-national executive, business, scientific, and information technology personnel. In addition, her practice provides support to companies in the global transfer of personnel. Known by her clients for her out-of-the-box thinking, responsiveness and hands-on approach, Kate is often called upon to assist in developing immigration options and strategies in the most unique circumstances and to respond to complex Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs) or to appeal denied cases. Likewise, she has also been instrumental in developing employer compliance programs for DOL related filings including H-1Bs and PERMs, as well as for I-9 employment eligibility verification. To this end, she develops and conducts nationwide I-9 compliance trainings and policy manuals for human resources personnel, advises on best practices for E-Verify employers, provides guidance on avoiding immigration-related unfair employment practices claims and has defended and minimized penalties in immigration-related government audits. Kate regularly works with professionals from the firm’s labor, employment, tax and benefits groups, to provide strategic planning on immigration issues within a cross-border framework.

Kate also has deep experience working on all aspects of the EB-5 immigrant investor program. Kate has worked with real estate developers, private equity funds, and other organizations on applications to designate new EB-5 Regional Centers, applications for pre-approval of EB-5 projects; having projects adopted by existing EB-5 Regional Centers; structuring projects to be EB-5 compliant, the sale of existing EB-5 Regional Centers, preparing template I-526 petitions and advice on structuring direct EB-5 projects. Pursuant to the requirements introduced under the EB-5 Reform and Integrity Act, Kate works with EB-5 Regional Centers, EB-5 Projects, Overseas Migration Agents and Broker/ Dealers to develop internal programs for ongoing compliance and to prepare USCIS I-956, I-956F, I-956,G, I-956H, I-956K submissions. Kate has represented thousands of investors in obtaining their green cards through EB-5 regional center projects, as well as direct EB-5 investment opportunities. She also represented and structured the largest EB-5 offering in the Program’s history and has over the course of her career structured over $12 billion in EB-5 deals.

Within the field of immigration law, Kate is a well-known speaker and author. She is often called upon by various media outlets to comment on topics of business immigration law including the Real Deal, the Wall Street Journal, and Law360. Kate has appeared on numerous TV programs related to immigration law including CNN, the Stoler Report, Vietface TV, and China Business Network. Kate is also a prolific writer on the topic of immigration and has been published in immigration practice handbooks for the American Bar Association, American Immigration Lawyers Association, ILW, and in news periodicals that include the New Jersey Lawyer, the New York Law Journal, the New Jersey Law Journal, USA Today, GlobeSt.com, and the Commercial Observer. At the request of the American Bar Association, Kate co-authored the book “What Every Lawyer Needs to Know About Immigration Law,” a guide for non-lawyers on immigration law practice. She has sat on numerous bar association related committees including the American Immigration Lawyers Association EB-5 Practice Committee, the New Jersey Business Immigration Coalition and has chaired the American Bar Association’s, Committee on Immigration and Naturalization, Section of Administrative Law since 2011. Kate has been recognized in various legal surveys including Chambers Global, New York Super Lawyers, the New Jersey Law Journal who ranked as her as a “New Leader of the Bar,” (formerly 40 under 40) in 2012, NJBIZ “Best 50 Women in Business,” 2019, National Law Review, “Go-To Thought Leader: Immigration Law,” 2022, and Lawdragon 500, Leading U.S. Corporate Employment Lawyers, 2020-2022.

Kate is devoted to pro bono matters and has spent extensive time helping clients fleeing conflict and persecution with asylum applications, applying for and obtaining Temporary Protected Status and Humanitarian Parole.