We selected a land parcel for our EB-5 project in September 2021. Before RIA, the location was a TEA. We continued making investments in stages between September 2021 and December 2023. After RIA, this location did not qualify as a TEA until an update in December 2023—the month of our final investment.
Can we rely on a letter confirming that the area qualified as a TEA in December 2023 and submit our EB-5 petition under the unreserved category?
For context, the land purchase in 2021 was made in accordance with the old TEA requirements. However, after the 2022 rule changes, we are able to confirm with the companies that generate a TEA location map that it recovered its TEA status in December 2023, when the final portion of our investment was made. Our contribution to the project well qualifies over the minimum investment of $1.1 million.
Answers
Lynne Feldman
EB-5 Immigration attorneysI need more details to answer but it seems you should be adjudicated as a TEA.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.