Targeted Employment Areas (TEAs)

Question: If we have the TEA designation letter from an authorized state official, do we still have to show strict proof that the area either is a rural area or is experiencing an unemployment rate of 150% of the national average at the time of I-526 filing?

Answer: State governments do not have the authority to issue TEA designations based on a finding that an area meets the TEA “rural” criteria. A state-issued TEA designation must be supported by evidence, including a description of the boundaries of the geographic or political subdivision and the method or methods by which the unemployment statistics were obtained. See 8 CFR 204.6(i). The statistics used in the state’s analysis must reflect the national and local unemployment rates for these regions at the time of the alien investor’s capital investment. See 8 CFR 204.6(e).