New
collection (Request for a new OMB Control Number)
No
Emergency
11/18/2025
11/18/2025
Requested
Previously Approved
6 Months From Approved
1,000
0
5,000
0
515,000
0
A petitioner may file Form I-140G to
request an employment-based immigrant visa under the Gold Card
program established by Executive Order 14351, The Gold Card (Sep.
19, 2025). This data collection will be used to assess an alien’s
eligibility for an available employment-based immigrant visa. The
gift donation confers eligibility for either the first
employment-based preference (EB-1) alien of extraordinary ability
under section 203(b)(1)(A) of the Immigrant and Nationality Act
(INA), 8 U.S.C. § 1153(b)(1)(A); or, the second preference (EB-2)
alien of exceptional ability under INA section 203(b)(2)(A), 8
U.S.C. § 1153(b)(2)(A) with a national interest waiver under INA
section 203(b)(2)(B), 8 U.S.C. § 1153(b)(2)(B).
This emergency action is
necessary to meet the Executive Order 14351 implementation date,
within 90 days of September 19, 2025, specifically by December 18,
2025. Emergency approval of Form I-140G enables immediate
collection of the standardized set of data necessary to properly
assess eligibility, which also protects operational efficiency,
national security, and financial integrity. Without an approved
form and instructions to collect a standardized set of data, DHS
and USCIS cannot intake, accept, receipt, or adjudicate an alien’s
eligibility for an available employment-based first-preference or
second-preference immigrant visa. In short, all the mechanisms are
in place to immediately meet the current demand for the Gold Card,
which could generate substantial revenue aimed at boosting
commerce, and supporting American industries. Section 103(a)(3) of
the INA, 8 U.S.C. § 1103(a)(3), authorizes the Secretary of
Homeland Security to issue forms, instructions, and guidance
necessary to carry out the authority provided in section 103(a)(1)
of the INA, 8 U.S.C. § 1103(a)(1). If DHS were to adhere to the
standard information collection clearance procedures, the Secretary
of Homeland Security would be unable to implement the Gold Card
Program within 90 days of September 19, 2025, specifically by
December 18, 2025. Therefore, to bring this information collection
into compliance with administration priorities and to meet the
Executive Order 14351 implementation date, USCIS cannot comply with
the normal clearance procedures under the PRA. Absent the
collection of this critical information, public harm is reasonably
likely to result. See 5 CFR 1320.13(a).
US Code:
15
USC 1524 Name of Law: Investment and reinvestments of moneys;
credit and disbursement of interest
US Code: 8 USC
1101 Name of Law: Immigration and Nationality Ac
US Code: 8
USC 1153(b) Name of Law: Allocation of immigrant visas
US Code: 8
USC 1151(d) Name of Law: Worldwide level of immigration
US Code: 8
USC 1103(a) Name of Law: Powers and duties of the Secretary,
the Under Secretary, and the Attorney General
US Code: 8
USC 1153(a) Name of Law: Allocation of immigrant visas
US Code: 15
USC 1552 Name of Law: Acceptance of gifts and bequests for
purposes of the Department; separate fund; disbursements
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.