No. The official FAQ retains ordinary eligibility for permanent residence, admissibility, and EB-1 or EB-2 visa availability as conditions; the gift is part of the described process rather than a substitute for those legal requirements.
Identify the actual legal basis being relied on
Bring the official instructions and the applicant's own circumstances to an individualized review rather than relying on promotional descriptions of the program. Confirm which classification would apply and whether any admissibility issue needs to be addressed before assuming the financial commitment resolves the case.
Executive Order 14351 directs State and DHS to treat the gift as evidence of eligibility under specified EB-1 and EB-2 grounds, including exceptional business ability and national benefit for EB-2. The official framework is a gift-and-fee program that leads into existing employment-based immigrant categories, and the applicant must still qualify under that category and be admissible. No single answer follows from the bare fact of a refusal: the programme does not waive inadmissibility, and the applicant must still qualify for lawful permanent residence, be admissible, and have a visa available.