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RICHMOND · GOLD CARD FIELD GUIDE

Does paying the fee let my spouse start the job?

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THE DIRECT ANSWER

No. The US$15,000 charge is a nonrefundable processing fee, and paying it advances the application rather than granting any permission. Lawful permanent residence still depends on eligibility, admissibility, an EB-1 or EB-2 determination, and visa availability. Ask counsel what your spouse's current status allows before an employment start date is agreed with anyone.

Write down the status each partner holds today

Begin with facts rather than plans: each partner's nationality, current immigration status if any, the expiry of that status, and any prior applications or refusals. What a person may do is governed by that record, not by the household's intention to immigrate. A written summary lets counsel say plainly whether an employment offer can be accepted now, later, or only after a specific event.

It also prevents a well-meant assumption from becoming an unauthorised start. A related question is worth asking at the same time: what would change if the spouse, rather than the principal, were the applicant. The amounts do not vary with the answer, because each joining family member carries the same charges either way, but the eligibility analysis can differ substantially depending on whose record supports an EB-1 or EB-2 determination.

Where both partners have professional histories, a first review would look at both before the household settles on one. Admissibility is a third question again, decided on its own facts, and a prior refusal, overstay or criminal matter belongs in that first conversation rather than being raised once fees are paid.