The EB-5 Immigrant Investor Visa Program provides a pathway for foreign investors to gain permanent residency in the United States by investing in projects that create jobs. Each year, approximately 10,000 visas are made available for investors, as well as their spouses and unmarried children under the age of 21. Investors can benefit from a lower investment threshold of $800,000 if they opt to invest in a new commercial enterprise within a designated Targeted Employment Area (TEA). Understanding the differences between two primary types of TEAs—rural and high unemployment areas—can be crucial for making an informed investment decision.
What Defines Rural and High Unemployment Areas?
Rural Areas are defined as regions outside the boundaries of metropolitan statistical areas or cities/towns with populations of 20,000 or more, according to the latest U.S. census. Investing in these areas is often seen as contributing to the development where it is arguably most needed, and under the EB-5 Reform and Integrity Act of 2022, these regions are given priority in processing investor petitions.
High Unemployment Areas, on the other hand, are designated by the USCIS as locations where the unemployment rate is at least 150% above the national average. These areas may include several adjacent census tracts and are often urban or suburban in nature, targeting recovery where job shortages are pronounced.
The Benefits of Fast Adjudication
For investors in rural projects, the EB-5 Reform and Integrity Act of 2022 ensures priority processing. This can mean that applications (I-526E petitions) from rural area investors are adjudicated within three to six months for established projects. This expedited process is especially beneficial for investors from countries with high applicant volumes, such as India and China, as it can significantly shorten the wait time for green card approval.
High unemployment area projects also receive a form of prioritization, though the processing times are typically longer, around 12 months. However, these projects still represent a faster route compared to the standard EB-5 processing times, which can be a substantial advantage.
Pros of Rural Projects:
What Defines Rural and High Unemployment Areas?
Rural Areas are defined as regions outside the boundaries of metropolitan statistical areas or cities/towns with populations of 20,000 or more, according to the latest U.S. census. Investing in these areas is often seen as contributing to the development where it is arguably most needed, and under the EB-5 Reform and Integrity Act of 2022, these regions are given priority in processing investor petitions.
High Unemployment Areas, on the other hand, are designated by the USCIS as locations where the unemployment rate is at least 150% above the national average. These areas may include several adjacent census tracts and are often urban or suburban in nature, targeting recovery where job shortages are pronounced.
The Benefits of Fast Adjudication
For investors in rural projects, the EB-5 Reform and Integrity Act of 2022 ensures priority processing. This can mean that applications (I-526E petitions) from rural area investors are adjudicated within three to six months for established projects. This expedited process is especially beneficial for investors from countries with high applicant volumes, such as India and China, as it can significantly shorten the wait time for green card approval.
High unemployment area projects also receive a form of prioritization, though the processing times are typically longer, around 12 months. However, these projects still represent a faster route compared to the standard EB-5 processing times, which can be a substantial advantage.
Pros of Rural Projects:
- Shorter processing times (3-6 months)
- Contribution to less economically developed areas
- Potential for quicker green card approval, especially beneficial for investors from backlog countries
- Limited selection of projects compared to urban areas
- Potential for lower economic returns as these are less developed areas
- Prioritization in processing (around 12 months)
- Typically located in urban areas with potentially higher economic returns
- Contribute to job creation in areas with significant unemployment
- Longer processing times compared to rural projects
- High competition for viable projects