Emergency Justification

The Department of State (“the Department”) requests immediate emergency approval for a new Application for Immigrant Visa and Alien Registration for “Gold Visa” applicants -the “Gold Visa Application” (DS-260G).

On September 19, 2025, President Trump signed EO 14351 announcing the Gold Card visa program.  The EO directs the Secretary of Commerce, in coordination with the Secretary of State and the Secretary of Homeland Security, to establish the “Gold Card” program authorizing an alien who makes a gift to the Department of Commerce under 15 U.S.C. 1522 (or for whom a corporation or similar entity makes such a gift) to establish eligibility for an immigrant visa using an expedited process.  The EO states that in adjudicating visa applications, the Secretary of State shall, consistent with applicable law, treat this gift as evidence of eligibility as either an EB-1 alien under INA 203(b)(1)(A), 8 U.S.C. 1153(b)(1)(A), of exceptional business ability or an EB-2 alien of national benefit under INA section 203(b)(2)(A), 8 U.S.C. 1153(b)(2)(A), and of eligibility for a national-interest waiver under INA section 203(b)(2)(B), 8 U.S.C. 1153(b)(2)(B).  

 The Department, the Department of Commerce (Commerce), and the Department of Homeland Security (DHS) have determined a proper application for a Gold Visa shall require a U.S. Citizenship and Immigration Services (USCIS)-approved I-140G, Immigrant Petition for the Gold Card Program, and that the alien provide detailed background information for national security vetting purposes in accordance with EO 14161.  The Department will use the DS-260G to ensure aliens applying for a Gold Card meet eligibility requirements for an EB-1 or EB-2 immigrant visa.  This new form is based upon the currently approved Application for Immigrant Visa and Alien Registration, DS-260.  However, a new information collection is necessary as the DS-260 does not have the technical capability to process Gold Card applicants, who are required to provide a substantial donation to the U.S. Government of $1 million to $2 million in accordance with EO 14351.   

EO 14351 requires the Department, Commerce, and DHS to take all necessary and appropriate steps to implement the Gold Card program within 90 days of the order. Utilizing the normal clearance procedures for this collection under the Paperwork Reduction Act (PRA) would prevent the Department from complying with the EO’s December 18, 2025, deadline.  

The Department concludes it is necessary to seek emergency review and approval for this information collection in accordance with 5 C.F.R. § 1320.13 and certifies that the requirements of 5 C.F.R. § 1320.13(a) are met because: 

• The DS-260G is needed prior to the expiration of time periods established under the PRA and its implementing regulations; 

• The DS-260G is essential to the mission of the Department; and 

• An unanticipated event has occurred. 

The unanticipated, adverse event began on October 1, 2025, and continued until November 13, 2025; specifically, the most recent federal government shutdown. Across the nation, this shutdown placed 650,000 federal workers on furlough, while 600,000 more were working without pay.  The Federal government shutdown impacted essential partners, including colleagues at DHS, Commerce, and the Office of Management and Budget, Office of Information and Regulatory Affairs.  Because of the shutdown, personnel and resources were not available to undertake the PRA’s ordinary public process.  The Department completed all feasible measures during the shutdown, but it was not possible to move forward with the process until furloughed colleagues resumed their critical roles in this collaborative federal effort. 

Therefore, the Department requests OMB formal emergency review and approval of this information collection under 5 C.F.R. § 1320.13.  

SENSITIVE BUT UNCLASSIFIED