What happens to an EB-5 project if the unemployment rate of its TEA falls below 150% of the national average?

If it qualifies at the time you file the I-526 petition, this should be fine.

Each I-526 applicant has to meet the requirements at the time of filing.

If it qualifies as a TEA at the time you apply, that should be acceptable.

If a project is approved based upon a qualified TEA, it is not likely that there will be a periodically re-calculation of whether or not the TEA still meets the requirement. It would all depend upon the timing and other factors, but there is not a continuous requirement that a TEA be updated. This is particularly true given the fact that the unemployment rates, in terms of both the national average and in any given census tract, are constantly changing.

The investment amount will not be affected regardless of the falls in the unemployment rate in any of these TEAs. Also, as a potential investor, it is advisable you should seek consultation with an EB-5 attorney. Furthermore, be aware that a new regime of rules and regulations in the impending EB-5 regulations, beginning from Nov. 21, are likely to affect your investment if you wait beyond Nov. 21.

The unemployment rate which applies is the unemployment rate when the I-526 petition is filed.

Yes, based on the info provided, it seems this project no longer qualifies for a $500,000 investment, as the TEA qualification is determined at the time of I-526 filing.

I am assuming that the regional center you are dealing with has a valid TEA designation letter. Once issued, those designations are generally valid for one year. If the TEA letter is still valid by the time you file your I-526 petition or at least make the required investment, you should still qualify for the lower investment amount.

I would assume it does. And check out the new EB-5 rules which will change how TEAs are designated.

They would normally only look at the statistics at the time you filed.

TEA eligibility is generally calculated at the time of I-526 filing (or when the funds are fully committed to the NCE). Easiest way to find out is to ask the project for proof that it remains a TEA right now.