Questions and Answers > EB-5 Direct Investments

Will the old EB-5 petitions for TEA projects benefit from the EB5 set asides?

The June 2022 Visa Bulletin indicates that it established a huge backlog for Direct Investments of China-mainland-born investors. I applied for EB5 in 2017. My I-526 is still not approved. I made the investment in a Targeted Employment Area (TEA) and I am China-mainland-born. So I am confused about the recent reform of EB-5 which sets set-aside sections for TEA areas. I have following questions: 1. For my case do I benefit from the reform that my old TEA investment is still categorized as those set-asides? 2. Since my I-526 has been pending for so long, what if the TEA now is no longer a TEA? e.g. the employment rate raises and does not fulfill the TEA standard for now.

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on May 31, 2022

  It is not yet clear how or if a prior TEA based on high unemployment will qualify for a high unemployment reserved set aside - the argument should be made with available TEA data.

• Lynne Feldman

  Immigration Attorney

  Answered on May 23, 2022

  As I understand the new regulations you should be fine but best to have your counsel look into your particular facts to be sure.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on May 16, 2022

  The law in effect at the time of filing governs.