Important Updates
Important Updates
December 12, 2025 | PolandPoland: Extensive Reforms Include Digital-Only Rule for Residence Permits and Work Permit Exemption Restrictions
December 12, 2025 | BelgiumBelgium: Shortage Occupation List Updates in Wallonia and Flanders
December 12, 2025 | United States, United KingdomLeading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup
December 12, 2025 | 🌐Minimum Salary Changes Announced
December 12, 2025 | United States, New ZealandNewstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?
December 12, 2025 | PolandPoland: Extensive Reforms Include Digital-Only Rule for Residence Permits and Work Permit Exemption Restrictions
December 12, 2025 | BelgiumBelgium: Shortage Occupation List Updates in Wallonia and Flanders
December 12, 2025 | United States, United KingdomLeading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup
December 12, 2025 | 🌐Minimum Salary Changes Announced
December 12, 2025 | United States, New ZealandNewstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?
December 12, 2025 | PolandPoland: Extensive Reforms Include Digital-Only Rule for Residence Permits and Work Permit Exemption Restrictions
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

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

Learn more

Media mentions

Sports Illustrated: 2026 World Cup Visitors to US Set to Face Extreme Social Media Scrutiny

Partner Bo Cooper highlights that visitors to the US under the visa waiver program for the 2026 World Cup could face a more extensive ESTA application process.

Learn more

Media mentions

New India Abroad: Firms Ensuring H-1B Workers in US to Avoid New Fee, Says Top Immigration Lawyer

Partners Aaron Blumberg and K. Edward Raleigh outline how recent US visa policy changes affect H-1B and H-4 workers and how employers are adjusting compliance and work authorization processes.

Learn more

Media mentions

Tagesspiegel: Arbeitskräfte aus dem Nahen Osten: Neue Partnerschaft erleichtert Immigration

Senior Manager Katharina Vorländer emphasizes the importance of legal support in helping skilled professionals navigate work-based immigration to Germany.

Learn more

Blog post

UK Expands HPI Visa: What’s New in 2025

The UK expands its High Potential Individual (HPI) visa for 2025, broadening eligibility for global graduates and entrepreneurs while introducing new requirements and application caps

Learn more

Media mentions

The New York Times: US Plans to Scrutinize Foreign Tourists’ Social Media History

Partner Bo Cooper discusses the US proposal to expand social media screening for visitors from visa waiver countries and the broader shift it represents in travel vetting.

Learn more

Video

UK Widens Access to the High Potential Individual Visa to Attract the World’s Top Graduate Talent | #MobilityMinute

The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.

Learn more

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

Learn more

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

Learn more

Media mentions

Sports Illustrated: 2026 World Cup Visitors to US Set to Face Extreme Social Media Scrutiny

Partner Bo Cooper highlights that visitors to the US under the visa waiver program for the 2026 World Cup could face a more extensive ESTA application process.

Learn more

Media mentions

New India Abroad: Firms Ensuring H-1B Workers in US to Avoid New Fee, Says Top Immigration Lawyer

Partners Aaron Blumberg and K. Edward Raleigh outline how recent US visa policy changes affect H-1B and H-4 workers and how employers are adjusting compliance and work authorization processes.

Learn more

Media mentions

Tagesspiegel: Arbeitskräfte aus dem Nahen Osten: Neue Partnerschaft erleichtert Immigration

Senior Manager Katharina Vorländer emphasizes the importance of legal support in helping skilled professionals navigate work-based immigration to Germany.

Learn more

Blog post

UK Expands HPI Visa: What’s New in 2025

The UK expands its High Potential Individual (HPI) visa for 2025, broadening eligibility for global graduates and entrepreneurs while introducing new requirements and application caps

Learn more

Media mentions

The New York Times: US Plans to Scrutinize Foreign Tourists’ Social Media History

Partner Bo Cooper discusses the US proposal to expand social media screening for visitors from visa waiver countries and the broader shift it represents in travel vetting.

Learn more

Video

UK Widens Access to the High Potential Individual Visa to Attract the World’s Top Graduate Talent | #MobilityMinute

The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.

Learn more

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

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.