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WILMOT · DECISION WORKSHEET

Wilmot guide: employment evidence and a corporate gift describe different obligations

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general immigrant investor briefing overview

THE SHORT ANSWER

A business may discuss hiring alongside an employer-funded residence proposal. Identify which route is actually being considered: EB-5 qualifying job creation and Corporate Gold Card sponsorship are not interchangeable requirements.

01

Identify the EB-5 investor and relevant jobs

Hypothetical example: a presentation lists successive employees, investors and accompanying relatives together. EB-5 requires an accurate qualifying-job account under the applicable direct or regional-center framework, generally ten jobs per investor. Payroll turnover does not automatically create additional positions, and derivatives are not separate investors simply by accompanying.

02

Identify the Gold Card sponsor and principal

The corporate route concerns official government gift obligations and the named employee’s eligibility. Follow successful vetting and official instructions for the gift, with EB-1 or EB-2 eligibility, admissibility and visa availability still relevant. A company’s ordinary hiring activity does not replace those conditions.

03

Keep commercial and immigration outcomes separate

EB-5 capital must remain subject to the applicable investment and job conditions, including lawful source and path and participation. A Gold Card gift is not that commercial investment or a return promise. Corporate transfer terms require a new background check and do not automatically approve a replacement employee. Capital exchanged for a contractual right to repayment or a guaranteed rate of return is excluded. A purchase option exercisable solely at the enterprise’s discretion has a narrow statutory exception, subject to the required sustainment and other conditions; it is not an investor’s repayment guarantee.

04

Distinguish capital, official gifts and residence stages

EB-5’s September 7, 2026 capital minimums are US$1,050,000 or a qualifying US$800,000 for targeted employment area or infrastructure projects, with statutory adjustments starting January 1, 2027. The petition is not residence; the applicable residence process and later removal of conditions remain, including the usual I-829 window in the 90 days before the second conditional-residence anniversary. Gold Card instead describes a nonrefundable US$15,000 fee per person and, after successful vetting and instructions, a government gift of US$1,000,000 individually or US$2,000,000 per corporate-sponsored employee principal. Each eligible joining spouse or unmarried child under 21 adds US$15,000 and US$1,000,000. Confirm current corporate maintenance and transfer conditions separately. Neither framework guarantees eligibility, admissibility, visa availability or timing.

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