The Strategic Advantage in EB-5 Investing: An Introduction to the Targeted Employment Area (TEA)
In the world of EB-5 investing, a Targeted Employment Area (TEA) represents a powerful strategic advantage. A TEA is a geographic area that, at the time of investment, is either a rural area or an area that has experienced high unemployment. By directing capital into these economically distressed areas, the EB-5 program aims to stimulate job creation where it is needed most. In return for contributing to this important policy goal, investors are granted a significant benefit: a lower investment threshold. This page will explore the definition of a TEA, the benefits of investing in one, and how to ensure your chosen project qualifies. For a broader overview of the EB-5 program, please visit our Main EB-5 Hub Page.
Defining a Targeted Employment Area: Rural and High Unemployment
USCIS defines a TEA based on two distinct criteria:
• Rural Area: A rural area is any area that is not located within a metropolitan statistical area (MSA) as designated by the Office of Management and Budget, and is not located within the outer boundary of any city or town having a population of 20,000 or more.
• High Unemployment Area: A high unemployment area is a census tract, or a contiguous group of census tracts, in which the weighted average unemployment rate is at least 150% of the national average unemployment rate. The EB-5 Reform and Integrity Act of 2022 gave USCIS the sole authority to designate high unemployment areas, a change from the previous practice where states could make these designations.
The most significant benefit of investing in a TEA is the reduction in the required minimum investment amount. As detailed on our EB-5 Investment Amount page, the standard investment threshold is $1,050,000. However, for projects located within a designated TEA, this amount is reduced to $800,000. This substantial reduction makes the EB-5 program more accessible to a wider range of investors and is a key incentive for directing capital to areas of need.
Given the significant financial advantage, verifying that your chosen project is located in a valid TEA is a critical piece of due diligence. Under the new rules, the project’s formal petition—the Form I-526—must include evidence that the location qualifies as a TEA at the time of investment. This designation is now made directly by USCIS. When considering an investment, particularly through a Regional Center, it is essential to review the project’s documentation to ensure that the TEA designation is current and well-supported. An experienced EB-5 attorney can play a crucial role in vetting this aspect of a project.
Investing in a TEA is about more than just saving money; it is about participating in a program that has a tangible and positive impact on local communities. By channeling funds into areas with high unemployment, EB-5 investors help create jobs, stimulate economic growth, and revitalize communities that have been left behind. This alignment of personal financial goals with broader economic development objectives is a core principle of the EB-5 program and a source of pride for many investors.
The rules and methodologies for designating TEAs can be complex and are subject to change. It is essential to work with a team of professionals who are up-to-date on the latest USCIS policies and procedures. This includes understanding how to properly calculate unemployment rates for a specific census tract or group of tracts and how to present this data effectively in your I-526 petition. The success of your petition and your ability to qualify for the lower investment amount depend on getting this right.
Maximizing your EB-5 investment benefits through a TEA requires careful planning and expert guidance. Our team has extensive experience in evaluating EB-5 projects, including conducting thorough due diligence on TEA designations. We can help you understand the risks and rewards of different investment opportunities and ensure that your chosen project meets all USCIS requirements. From verifying the TEA status to preparing a flawless I-526 petition, we are your strategic partners in success.
How is a TEA designated?
Under the EB-5 Reform and Integrity Act of 2022, USCIS has the sole authority to designate TEAs. The designation is based on whether the project is located in a rural area or a high unemployment area.
What is the unemployment rate required for a high unemployment TEA?
The weighted average unemployment rate for the area must be at least 150% of the national average.
Can a city qualify as a TEA?
An entire city is unlikely to qualify as a TEA. The designation is made at the census tract level. However, a project located within a specific census tract within a city could qualify if that tract has a sufficiently high unemployment rate.
How long is a TEA designation valid?
The TEA designation must be valid at the time of your investment or, in some cases, at the time you file your Form I-526 petition. It is crucial to work with your legal team to ensure the designation is current.
Does investing in a TEA affect the processing of my I-829 petition?
The TEA designation primarily affects your initial investment amount. For your Form I-829 petition, the key requirement is to prove that you sustained the investment and created the required 10 jobs, regardless of whether the project was in a TEA.