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How can I use my company that is located in a TEA for direct EB-5 investments?

My company location is supposed to fall under a TEA zone, so I want to get a TEA classification that allows me to get direct EB-5 investment. How do I do that? Are there any other criteria aside from the location?

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    There are involved answers to your questions. You need a consultation appointment with an immigration attorney. Only one investor can be involved in a direct EB-5 case. Also, if the new commercial enterprise is in a targeted employment area (TEA), then the EB-5 investment can be $800,000, the minimum investment amount.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    USCIS will need to agree based on whether in a rural area or an area of high unemployment.

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    Rebecca Bodony

    Immigration Attorney
    Answered on

    Of note, under the 2022 law, only one direct investor per U.S. entity can qualify for an EB-5 visa (taking away the prior option for multiple foreign direct investors in one non-Regional Center business). The investment funds must be spent on qualifying business expenses that can be tied to the creation of 10 new jobs for U.S. workers in your company (or, in limited circumstances, tied to saving of jobs in a troubled business). The investment funds must be at risk for loss. The investment funds must be tied to a lawful source. There are lots of additional factors to take into consideration for a direct EB-5 and you should schedule a consultation with an EB-5 attorney.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    TEA determinations are made by USCIS at the time of adjudication for a standalone I-526 petition. You will need an economist to provide you the relevant data to show that it falls within a TEA. Having that data before you invest is critical.

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    Stephen Berman

    Immigration Attorney
    Answered on

    It seems to me that you can do that. The location is what determines if the business is in a TEA.