“Targeted Employment Area” Defined


Posted on 12/25/2011 by Mark A. Ivener, A Law Corporation

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The statute and regulations governing the EB-5 Program defines a “targeted employment area” as, at the time of investment, a rural area or an area that has experienced unemployment of at least 150 percent of the national average rate. A “rural area” is defined as any area not within either a metropolitan statistical area or the outer boundary of any city or town having a population of 20,000 or more.

Congress expressly provided for a reduced investment amount in a rural area or an area of high unemployment in order to spur immigrants to invest in new commercial enterprises that are principally doing business in, and creating jobs in, areas of greatest need. In order for the lower capital investment amount of $900,000 to apply, the new commercial enterprise into which the immigrant invests must be principally doing business in the targeted employment area and must create the jobs in the targeted employment area.

Taken from USCIS Policy Memorandum regarding EB-5 Adjudications Policy on November 9, 2011.

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Mark Ivener is an experienced business and EB-5 immigration attorney who has written 5 books on Immigration Law as well as has written numerous articles and spoken at many events on EB-5 topics.

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