Employment Law Report
Trump Card or Not?
Written by Glen W. Krebs with the assistance of Summer Associate Jon McGee
Last month, President Trump rolled out what he deemed a waiting list for the “Trump Card” in a post on his social media platform. The “Trump Card” purports to be a visa providing holders with the same privileges as a green card at a $5 million price tag. President Trump’s post contains a link to a government website where users can input basic contact and background information to receive a notification about the visa “the moment access opens.”
The Trump Administration has been hinting at the “Trump Card” since February. However, and despite last week’s announcement, they have yet to set an official launch date for the visa. A detailed description of the visa and how it would work has also been kept mostly under wraps.
So far, the precise legal basis for the “Trump Card” has remained relatively vague. As things stand, it is unclear whether the Trump Administration can create the visa without congressional approval, and the Administration has yet to confirm the exact authority by which the visa is being created. The visa’s impact on the current immigration landscape is additionally unclear. For example, some, including President Trump himself, have noted that the “Trump Card” may replace the EB-5 visa. An EB-5 visa can usually be obtained by investing around $800,000 to $1.5 million in the United States’ economy. However, like almost everything related to the card, the Trump Administration has failed to absolutely confirm whether, or how, the EB-5 visa would be replaced by the “Trump Card.”
Ultimately, the Trump Administration appears to be moving forward with its plan to create the “Trump Card” visa. Nevertheless, whether the Trump Administration will follow through, or be able to legally support such a plan, remains far from certain.
