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When must the EB-5 TEA requirement be met?

When does an EB-5 investor in a direct project have to show USCIS that the area is a TEA to get the $500,000 investment? Can the investment be made and the business started before TEA approval has been received? How long does TEA approval usually take?

Answers

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    Robert Lee

    Immigration Attorney
    Answered on

    The TEA must be valid at the time of investment or submission of the I-526. TEA letters are sometimes given, depending on the state. If your state does not issue letters, you need to show the area you are investing in has an unemployment rate of 150 percent compared to the national average.

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    Ed Beshara

    Immigration Attorney
    Answered on

    At the time of the TEA designation the investment can be made. Each state will have its own time frame to prepare a TEA designation letter.

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    John J Downey

    Immigration Attorney
    Answered on

    The length of time varies from state to state. You need to show the TEA approval with your application.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    TEA determination must be made before the investment is made and the I-526 is filed. The EB-5 eligible investment amount is $1 million, unless you can show that your business is in a TEA, and therefore, qualify to invest only $500,000.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    TEA approval can take a long time if you are looking to get a specific address designated. If the location of the project is already within a TEA (most states have a list each year) then you are all set. The project must be within a TEA at the time of filing the I-526 petition or making the investment (which are usually around the same time anyway).

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    Yevgeny Samokhleb

    Immigration Attorney
    Answered on

    The evidence of the TEA may be submitted at any time between the filing and approval of the I-526 petition. However, regardless of when the document is submitted to USCIS, it must establish that the location was a TEA at the time the investment was made or at the time the petition was filed. The time frame to issue a TEA designation varies from state to state. In some states it may take several weeks to a couple of months, while other states designate TEAs only in the beginning of each calendar year. You would be better off verifying the TEA first, to ensure your investment amount will be sufficient.

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