Establish the actual immigrant eligibility
The gift framework remains subject to applicable EB-1 or EB-2 eligibility, admissibility and visa availability. An employer’s willingness to pay does not establish those conditions. The gift is not EB-5 project capital and does not purchase equity or a guaranteed commercial return. The file should identify the underlying EB-1 or EB-2 theory and the evidence that supports it, rather than treating the payment as a substitute for every statutory requirement. Gold Card is not a conventional visa category. The governing payment is made by the applicant to the U.S. government, not a contribution to a business venture or an investment account.
Calculate the stated corporate amounts
The corporate principal gift is US$2 million, with a US$15,000 non-refundable processing fee per person. Each eligible joining spouse or child adds US$1 million plus US$15,000. The individual principal gift is US$1 million. Corporate terms also describe separate 1% annual maintenance and 5% transfer charges. Confirm which person is the principal, which relatives qualify to join, and which governmental fee and gift amounts apply at the relevant stage. Keep proof of the payment, identity, and instruction source together. A sponsor’s invoice or reimbursement memorandum is not proof that the required government transaction occurred on the correct terms.
Read the private and official terms separately
Identify repayment, employment and notice obligations in the sponsor’s agreement and obtain appropriate advice. Follow verified government payment instructions after the relevant vetting step. Do not assume a pending case or a prior gift can simply be reassigned to another employee. Sequence private and public obligations carefully: review the sponsor contract, confirm the applicant’s independent immigration facts, complete verified payment instructions, and preserve the result for the filing. A job departure can trigger contractual consequences even when it does not decide an immigration question. No payment alone guarantees approval, a visa number, or permanent residence.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.
