How is the unemployment rate determined in an EB-5 TEA?

For EB-5 purposes, a targeted employment area must have an unemployment rate 150 percent that of the national average. Economists and surveys determine the employment rate in a particular area.

The state agency in charge of employment for the state in which the project sits will determine the TEA based on the unemployment rates for the county, census tract, or combination of census tracts. The level required is set by USCIS regulations.

The state determines the unemployment in any given region. The national average is determined by the feds.

Unemployment figures are published by the federal government and by various state government agencies. The U.S. Department of Labor is responsible for determining the national unemployment rate, which is the benchmark for TEA determinations. A TEA is an area that has a local unemployment rate 50% higher than the national rate. Each state has an agency with authority to make TEA designations, or at least to provide information on local (county, MSA, city, and/or census tract) unemployment rates. The USCIS will accept a state TEA designation as long as it is based upon current data and is otherwise reasonable.

I would advise you to first retain the services of an experienced EB-5 attorney who will consult with an economist who has expertise in the EB-5 area. The economist will then determine the location of the job creating entity (JCE) and then review relevant data to support the TEA designation for the location of the JCE.

It is done on the basis of a census track issued by the state.