How does USCIS handle Micropolitan Statistical Areas in the United States?

Your EB-5 Immigration attorney and an experienced EB-5 economist will be able to analyze the geographical area to the street address and using USCIS guidelines to determine if the new commercial enterprise and the job-creating entity will be located in a TEA (Target Employment Area) or rural area. Currently, the analysis should be calculated by a conservative approach in anticipation of more restrictive policies.

The definition of what constitutes "rural area" and other related facts for EB-5 purposes are usually part of a business plan. The designation of MSAs, in most cases, are part of the duties of a state government agency for economic development and are readily provided upon request. A better approach to your direct investment plan is to hire an EB-5 attorney who can coordinate all the disparate data and facts you have mentioned or which other professionals like business plan writers, economic analysts, just to name a few, can help put together.

If your project is located in a Micropolitan Statistical Area, it should meet the definition of a rural area and you would be eligible to make a direct EB-5 investment at the $500,000 rather than the $1 million level given the fact that the population based upon the last census was less than 20,000.

Best to request an opinion from the Official in the State designated to determine a TEA.

For EB-5 purposes, you will need to show the business you are investing in is located in a Targeted Employment Area (TEA; i.e. a rural or high unemployment area) in order for you to be able to invest minimum $500,000 instead of $1 million. The state Department of Labor designates TEAs. You will need to obtain a designation letter from the Department.

The USCIS defines a rural area as any area not within either a metropolitan statistical area or the outer boundary of a city or town having a population of 20,000 or more.