Important Updates
Important Updates
December 19, 2025 | FinlandFinland: Permanent Residence Eligibility Restrictions Forthcoming
December 19, 2025 | BulgariaBulgaria: Digital Nomad Residence Permit Introduced
December 19, 2025 | United StatesBusiness Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others
December 19, 2025 | ChinaChina Daily: HK Softens Imbalance in Wealth Migration
December 19, 2025 | DenmarkDenmark: Work Permit Exemption for Business Events, Conferences, Trade Fairs
December 19, 2025 | FinlandFinland: Permanent Residence Eligibility Restrictions Forthcoming
December 19, 2025 | BulgariaBulgaria: Digital Nomad Residence Permit Introduced
December 19, 2025 | United StatesBusiness Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others
December 19, 2025 | ChinaChina Daily: HK Softens Imbalance in Wealth Migration
December 19, 2025 | DenmarkDenmark: Work Permit Exemption for Business Events, Conferences, Trade Fairs
December 19, 2025 | FinlandFinland: Permanent Residence Eligibility Restrictions Forthcoming
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Fewer TEAs, Less Job Creation

August 5, 2015

Chad Ellsworth

Country / Territory

  • United StatesUnited States

Related contacts

Chad Blocker

Chad Ellsworth

Partner

San Francisco, CA, United States

Email

[email protected]

T:+1 212 230 2826

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Chad Blocker

Chad Ellsworth

Partner

San Francisco, CA, United States

Email

[email protected]

T:+1 212 230 2826

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Chad Blocker

Chad Ellsworth

Partner

San Francisco, CA, United States

Email

[email protected]

T:+1 212 230 2826

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Chad Ellsworth

On June 3, 2015, Senators Patrick Leahy (Dem.) and Chuck Grassley (Rep.) jointly proposed Section 1501 of the American Job Creation and Investment Promotion Reform Act of 2015 (“S. 1501”), a bill to renew and reform foreign capital investment and job creation in American communities through the EB-5 Immigrant Investor Visa program. Although the original Congressional intent behind establishing the EB-5 category was to promote U.S. job creation through the use of foreign capital, the proposed bill S. 1501 would drastically revise current law and would have the overall effect of decreasing the use of the EB-5 program. One major change proposed by S. 1501 concerns the legislation governing Targeted Employment Areas (“TEAs”), and may have an adverse impact on many EB-5 projects, ultimately limiting the ability of EB-5 programs to operate successfully.

Under current regulations, a TEA is defined as, “a rural area or an area which has experienced unemployment of at least 150 percent of the national average rate.” Placement of an EB-5 in a TEA allows foreign investors to decrease their capital contribution level from $1 million to $500,000, as one goal of the EB-5 program is to stimulate investment in struggling areas of the U.S.[i]

Under current law, TEA designations are granted by the state. A rural area is designated by the state, based on population, and 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. Although the proposed legislation S. 1501 does not modify the definition of a rural area, as a practical matter, most EB-5 projects are located in high unemployment TEAs.
 
Currently, a high unemployment TEA designated is granted by the state and the state has significant discretion in defining the geographic area to be compared to the national unemployment rate. As such, many states pool employment statistics and census bureau tracts to reach the unemployment rate of 150 percent the national average rate, allowing them to classify more EB-5 projects in TEA areas.
 
This method is advantageous because areas that may not qualify as a rural area based on population and location may qualify as an area of high unemployment due to the aggregation of the unemployment records of surrounding areas. As such, aggregating statistics promotes the underlying policy of creating foreign capital investment and jobs in U.S. communities because it expands the definition of qualifying TEAs and allows for the development of more EB-5 projects, which leads to more U.S. job creation.
Under the proposed legislation S. 1501, however, the TEA designation process for high unemployment areas will change dramatically, thereby decreasing the number of areas which will qualify as a TEA. The first major proposed change places TEA designation under federal control; the federal government and the Secretary of Homeland Security will make the final determination of which areas qualify as TEAs, as opposed to the current state determination structure.
 
While handing designation determination to the Secretary of Homeland Security will provide significantly more oversight on the EB-5 program, the states remain best positioned to make the assessment of which areas experience high unemployment and need further development. Placement of TEA designation in the federal government will ultimately make it much more difficult for areas to qualify as high unemployment TEAs and will impact many on-going projects which would lose TEA designation.

The second major proposed change of S. 1501 in regards to TEA designation is how many census tracts can be considered in assessing a designation. High unemployment areas will be determined by “using the most recent census data available, consisting of a census tract that has an unemployment rate that is at least 150 percent of the national average unemployment rate.” As such, the Secretary will use only one census tract, as opposed to using various census tracts and employment records of surrounding areas to reach the required unemployment rate, as it is currently calculated in many states.

Limiting the designation process to the use of a single census tract will be problematic because many areas that currently qualify as a TEA, due to the aggregation of statistics, will no longer qualify for TEA designation if the bill is passed. Making a high unemployment TEA designation based on only one census tract is contrary to the overall policy of the EB-5 program, which is to create jobs in rural or high-unemployment areas. The resulting TEA areas will not accurately represent the goal of fostering economic investment in high unemployment areas, as the census tract only records where people live, and does not consider where people work. TEAs should not be determined based on population statistics alone because many EB-5 projects are developed in areas with low populations. Thus, it is essential to aggregate surrounding areas to reach the unemployment rate to allow EB-5 projects to develop in these areas.

Overall, the enactment of the proposed legislative amendments to the EB-5 program may result in a significant reduction of foreign capital investment and job creation, rather than an increase, which is the goal of the program. Ultimately, fewer TEA designations will result in less foreign capital investment and U.S. job creation.

Fragomen's EB-5 Blog is dedicated to issues, challenges, solutions, current events and anecdotes related to EB-5 investment visas. 

 


[i] See 8 C.F.R. Section 204.6(f) (S. 1501 also proposes a change in the minimum capital contribution levels based on the Consumer Price Index (“CPI”). S. 1501 proposes to raise the general qualifying investment amount to $1.2 million and TEA projects to $800,000.).

 

Country / Territory

  • United StatesUnited States

Related contacts

Chad Blocker

Chad Ellsworth

Partner

San Francisco, CA, United States

Email

[email protected]

T:+1 212 230 2826

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Chad Blocker

Chad Ellsworth

Partner

San Francisco, CA, United States

Email

[email protected]

T:+1 212 230 2826

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Chad Blocker

Chad Ellsworth

Partner

San Francisco, CA, United States

Email

[email protected]

T:+1 212 230 2826

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

Gazeta Prawna: Specustawa ukraińska wygasa: Pułapka dla pracodawców po 4 marca 2026

Partner Karolina Schiffter highlights a key development as Poland prepares to extend protection for Ukrainians, pointing to the growing role of the courts.

Learn more

Media mentions

The Scotsman: UK Offshore Immigration Crackdown Risks Stifling Growth Unless Policy Meets Reality

Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.

Learn more

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

Media mentions

ABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas

Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

Gazeta Prawna: Specustawa ukraińska wygasa: Pułapka dla pracodawców po 4 marca 2026

Partner Karolina Schiffter highlights a key development as Poland prepares to extend protection for Ukrainians, pointing to the growing role of the courts.

Learn more

Media mentions

The Scotsman: UK Offshore Immigration Crackdown Risks Stifling Growth Unless Policy Meets Reality

Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.

Learn more

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

Media mentions

ABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas

Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.