Targeted Employment Areas (TEAs)

Question: 8 C.F.R. § 204.6 (j) 6 (ii) A&B instruct demonstration that a new commercial enterprise has created or will create employment in a targeted employment area through submission of one of two attachments to the petition. The first appears to be independent submission of data indicating it has met the unemployment criteria. The second is through communication from the Governor presumably providing the same statistical support. Please discuss any additional authority the State Governor may possess and if there is none, please discuss the intent of the two options.

Answer: A state government’s authority is limited to making TEA designations based upon a finding that an area is an area of high unemployment. See 8 CFR 204.6(i). The two evidentiary avenues to demonstrate that an area qualifies as a TEA in I-526 petitions is described in 8 CFR 204.6(j)(6)(ii) and allows an investor to (1) directly provide evidence of TEA eligibility or (2) seek assistance from the state government in providing the required evidence.