The premise is incomplete. The Gold Card uses EB-1 or EB-2, but Executive Order 14351 directs the agencies to treat the qualifying gift as evidence of relevant eligibility; the applicant must still be eligible for lawful permanent residence, be admissible and have a visa available.
The gift sits on top of a category; it does not create one
The Gold Card uses EB-1 or EB-2 classifications rather than creating a conventional standalone immigrant category. That does not mean a Torbay applicant must first prove an ordinary EB-1 or EB-2 career case without regard to the gift. Executive Order 14351 directs the agencies to treat the qualifying gift as evidence of EB-1 extraordinary-ability eligibility or of EB-2 exceptional business ability, national benefit and a national-interest waiver. The official FAQ states that applicants must be eligible for lawful permanent residence, admissible to the United States and within an available visa number, and it directs applicants through Form I-140G after the processing fee. The couple should obtain a written assessment of the current official Gold Card rules and their admissibility and visa-availability facts before paying, but the assessment must apply the gift-as-evidence framework rather than ordinary category criteria alone. If the framework does not fit, paying the nonrefundable fee will not make it fit.
Hypothetical example: a retired Torbay museum curator assumes that a long career and a sizeable payment are enough to become the principal applicant. The first review instead identifies the exact EB-1 or EB-2 theory and the records that prove it, such as qualifying achievements, advanced-degree evidence or a viable employment basis. If the category analysis fails, payment cannot cure it. The applicant must make the payment to the U.S. government under the framework; it is not an investment and does not create a conventional visa.