The official program describes reusing a corporate gift for a new sponsored employee without another US$2 million gift, subject to the transfer mechanism, a stated 5% fee and fresh screening. The executive order contemplates the former holder abandoning status. Counsel should verify the current conditions for both individuals; the employer cannot simply transfer one person’s immigration status to another.
Separate the company's rights from the employee's status
Draw two columns before the conversation with a candidate: what the company holds under the program, and what the individual holds if permanent residence is granted. The first may be adjustable under published terms; the second is personal and does not return to the employer when employment ends. Recruiters and HR staff should be briefed on that distinction, because an offer letter implying otherwise creates an expectation the company cannot deliver.
Draw two columns before any conversation with a candidate: what the company holds under the programme, and what the individual holds if permanent residence is granted. The first may be adjustable under the published terms; the second is personal and does not return to the employer when employment ends. Brief recruiters and human resources staff on that distinction, because an offer letter implying otherwise creates an expectation the company cannot deliver.
The official material describes reusing a corporate gift for a new sponsored employee subject to a transfer mechanism, a stated fee, and fresh screening, so counsel should verify the current conditions for both individuals.