President Donald Trump’s new “Gold Card” visa program uses a novel definition of wealth as a job skill to allow the overseas wealthy to bypass immigration rules and secure citizenship, according to immigration attorneys.

Trump last week announced the start of applications for the “Trump Gold Card,” a new investment visa for foreign nationals. In exchange for $1 million and a $15,000 processing fee, “Gold Card” applicants will get full-time residency in the U.S. in “record time,” according to the program’s website. The website also offers a “Corporate Gold Card,” allowing companies to pay $2 million to secure a “Gold Card” for an employee, and a “Platinum Card,” which offers special tax benefits and may eventually be offered for $5 million.

Only Congress can set immigration policy, meaning the president doesn’t have the power to create or destroy a visa program. So to create the “Gold Card,” Trump is effectively adding a new fee model to two existing programs – known as EB-1 and EB-2 – experts explained to CNBC.

The EB-1 and EB-2 programs are both employment-based programs aimed at attracting award-winning or celebrated professionals. The EB-1 program, nicknamed the “Einstein Visa,” is aimed at those with “extraordinary abilities” – such as scientists, artists, entrepreneurs, athletes and professors who have achieved “sustained international or national acclaim.”

The EB-2 is for researchers, scientists and others whose skills are useful to help solve national problems, like a leading cancer researcher developing new treatments, or a top energy scientist who can help expand the power grid.

White House officials say that the $1 million payment is proof that “Gold Card” holders are successful business people who meet the requirements for exceptional abilities. Anyone with $1 million to spend on a visa is likely to be a productive addition to the American economy and society, they say. Entrepreneurs who started companies overseas can come to the U.S. to expand or start new ventures, creating more jobs. Spending by the “Gold Card” wealthy is also expected to help real estate, the service economy and other industries.

“Why shouldn’t we expedite the people who are willing to step up, to give the United States $1 million,” Commerce Secretary Howard Lutnick told CNBC last week. “Let’s bring in the top of the top, the best. Why should we take people who are below average?”

Immigration attorneys, however, say that replacing highly skilled or celebrated talents with foreign nationals whose sole qualification is writing a $1 million check distorts the intent of the EB-1 and EB-2 programs. Not everyone with $1 million payment is a high-achieving businessperson or entrepreneur, they say. Some may have borrowed the money from friends, family or a lender. Others may have inherited their fortunes but have scant job skills.

“Having $1 million has nothing to do with your value as a person of extraordinary ability,” said Emily Neumann, an immigration attorney with Reddy Neumann Brown PC. “It doesn’t mean you are able to provide value to the United States of America. These categories were supposed to be reserved for people who can foster innovation and contribute to the economy and create jobs. There is no requirement that “Gold Card” holders have a track record of any of those things, just because they happen to have $1 million.”

While “Gold Card” applicants can’t legally skip the current waiting line for EB-1 and EB-2 holders, some attorneys fear the White House will give “Gold Card” applicants priority. Neumann said she has an Indian client who’s a leading expert in artificial intelligence and machine learning and is working on AI applications for doctors to better diagnose patients. He’s approved for the EB-1 but is still waiting on a green card, which could take years.

“They’re using up a limited number of green cards meant for people who have done wonderful things,” she said. “It’s a very different standard.”

Using the EB-1 and EB-2 programs for the “Gold Card” program has created other potential hurdles. While Trump has said he would sell “millions” of “Gold Cards,” and Lutnick said sales could raise $1 trillion in revenue, the two programs are capped at around 28,000 a year. Individual countries are capped at 7% of the total, which is why the the waiting list for E-1 and E-2 applications  from India and China already extends for several years. 

Immigration attorneys say India and China would be largest sources of demand for “Gold Cards.” Yet because of the waiting lists, few are likely to apply.

“If ‘Gold Card’ holders will be allowed to jump the queue, there will likely be lawsuits from those currently on the wait list,” said Reaz Jafri, an immigration attorney with the international law firm Withers. “And if not, who will want to pay the $1 million and then wait for three years?”

The unanswered questions and legal risks surrounding the “Gold Card” have caused potential buyers to hold off on applying, attorneys say. Dominic Volek, group head of private clients at Henley & Partners, said a number of his clients in Taiwan, Vietnam and Singapore are interested in the “Gold Card” but are waiting for proof that the program works.

Some are also worried about paying the $1 million and then having their visas overturned by a court or a future Democratic administration.

“They want to see the dust settle and see if there are any major legal challenges,” Volek said.

Another concern is the structure of the fee. While some national investment visas are more expensive – such as Singapore’s at nearly $8 million or New Zealand’s at nearly $3 million – they’re structured as investments rather than non-refundable payments. Without an explicit guarantee of a green card, the overseas wealthy are reluctant to pay the $1 million.

“It’s not clear if you make the payment once it’s approved or you provide the payment as evidence, or if it’s kept in escrow during the process,” Jafri said. “They haven’t addressed so many basic questions.”

Proof of funds is proving to be another hurdle for the overseas wealthy. In order to screen for money laundering or criminal activity, the U.S. government typically requires proof that the $1 million fee didn’t come from illegal or illicit sources. Many potential applicants from Asia, Africa and the Middle East are already balking at the demands, since financial documentation is not as thorough.

“The biggest sticking point for a lot of clients is being able to document the source of money,” Jafri said. “In certain parts of the world it’s not so easy to document.”