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RURAL MUNICIPALITY OF ST. CLEMENTS · DECISION WORKSHEET

St. Clements guide: separate acquisition employment from a government gift proposal

USAvisa field guide · 2 minute readReviewed 7 September 2026

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THE SHORT ANSWER

Buying a staffed business and receiving corporate Gold Card sponsorship involve different evidence. Identify the actual investment or sponsor arrangement instead of treating an acquisition as automatic residence eligibility.

01

Assess the actual EB-5 business and jobs

Hypothetical example: a seller points to existing staff as proof of eligibility. Establish the employment baseline, qualifying capital at risk and lawful source and path. EB-5 requires at least ten qualifying full-time jobs per investor under the applicable method. Qualifying troubled-business preservation needs its own evidence; ordinary existing payroll is not a universal substitute for job creation.

02

Assess the actual official gift arrangement

Gold Card uses a government gift after successful vetting and official instructions, with EB-1 or EB-2 eligibility, admissibility and visa availability remaining relevant. Identify the sponsor, principal and eligible family. The gift is not EB-5 commercial capital with a promised return, and a company sale does not itself establish individual eligibility.

03

Keep later requirements and changes distinct

EB-5 residence and removal-of-conditions stages do not begin merely because a business closes. Corporate Gold Card maintenance and transfer-related terms remain conditional rather than automatic replacement approval. Review actual transactions and individual records before relying on a common relocation or funding deadline.

04

Separate the purchase closing from the applicant’s residence file

Record which obligations belong to the buyer, the investor and any corporate sponsor. Current EB-5 capital is US$1,050,000 or US$800,000 for qualifying targeted employment area or infrastructure projects, with petition-date adjustments beginning January 1, 2027. Keep the applicable ten qualifying permanent full-time jobs per investor analysis separate from the existing payroll and the purchase price. Conditional residence begins through immigrant admission or adjustment approval; the commercial closing cannot start the usual I-829 window in the 90 days before the second anniversary. Gold Card requires a nonrefundable US$15,000 processing fee per person and the instructed government gift after successful vetting: US$1,000,000 individually or US$2,000,000 per sponsored employee. Each eligible joining spouse or unmarried child under 21 adds US$15,000 and US$1,000,000. Examine continuing corporate maintenance and transfer conditions if the sponsor changes. A business sale does not guarantee eligibility, admissibility, available visas or an immigration decision date.

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