Why Has The Targeted Employee Area Changed In The Policy Manual?


Print Friendly, PDF & Email

Let me explain the TEA. Targeted Employment Area is any place where the national unemployment is at least more than one and a half times the national average. For example, if the national average was six, it would need a 9 percent. A TEA is also a rural area in order to have a $500,000 investment. In these areas, different states have different rules on determining how you determine a fee. In California, for example, it is done by census tracts, and you can carve together up to twelve census tracts into an average, if in one census tract, you actually have the investment that is not in a high employment area. If you put twelve together, and combine them that will be okay.

This is one of the issues that is being discussed in the revamping of the old EB-5 regional center law. It is generally determined on the date you make the investment. Therefore, if you have not made the full investment before the time of filing, then USCIS looks at the time of filing, because there could be a big difference between when you make the investment, and when you file. They are not on the same date; there could be a month’s difference, or more than that.

What Clarifications Are In The Policy Manual Regarding The Type of Capital That Can be Used in Commercial Enterprise?

Capital is the money that you are spending to make the investment you have to show where this money came from. The money can come from a variety of places. It can come from savings, or from home equity loans, or selling homes, or property to get the money to invest. Therefore, what needs to be done here is if it is a home equity loan, then any loan has to be secured by property having at least the value of the assets that doessupport this. You have to show, unless you have owned this property for ten plus years, where you received the money to buy that property. If you have only owned the property for three years, you have to show where the money came from.

What Additional Evidence May the USCIS Request That Indirect Jobs Are Fulltime Jobs?

Relating to indirect jobs, immigration could request additional evidence that indirect jobs are fulltime jobs. In other words, there are certain economic methodologies, and they are found in all the economic studies that are attached to each regional center project, one is RING 2 plan. This is just an acronym of economic methodologies that is relied on not only in EB-5,but also in other types of job creation situations. The bottom-line is that it is up to the economist to substantiate to immigration that at least ten or more jobs are available, or had been created in order for each of the applicants in a multiple applicant regional center project.

You could conceivably have a situation where you have three hundred applicants that means you need three thousand direct or indirect jobs. If at the end, that even though the economists initially said that there were going to be three thousand five hundred jobs, which is five hundred more than they need, but immigration decided that what the economist figured is wrong, there are only twenty-five hundred jobs. Then the last people, who file, are going to have a big problem, because they are not going to be able to justify the jobs in order to get permanent green cards. This mainly comes up as far as allocation in the I-829 process to get a permanent green card, where they have to show that they had jobs available.

What Is The Job Allocation Policy? What Purpose Does It Serve?

The reality is that the fulltime job positions are allocated to each immigrant investor based on the date that their I-829 is filed. Let me give an example. Say the commercial enterprise created fifty jobs, and there were six applicants, that means there would need to be at least sixty jobs. The last person filing would be out of luck, because all fifty jobs would have gone to the first five who applied for the I-829. The idea is do not wait to be the last one to file. This is ultimately a rare occurrence.

For more information on Targeted Employment Area Changes, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 477-3000 today.

Related Articles

Related Topics

Get your questions answered - call me for your free, 20-minute phone consultation (310) 477-3000