Is my EB-5 project eligible if it is located in an upscale, low-unemployment area?

Yes. Being in an upscale area with low unemployment does not, by itself, eliminate a project’s eligibility for EB-5. What the location affects is the minimum investment threshold required, not the right to participate in the program.

This is because regions with high unemployment or rural areas may receive the designation of Targeted Employment Area (TEA), which allows a reduced investment threshold. An upscale, full-employment area is unlikely to receive that designation, so the minimum investment amount tends to be the higher, standard level.

Even so, the project can still qualify normally, as long as it meets the other EB-5 requirements, such as a capital contribution that is ‘at risk’ and from a lawful source, and the creation of jobs for workers in the United States.

• Location influences the investment amount, not eligibility itself.
• Upscale areas typically fall outside the TEA designation.
• All other program requirements continue to apply in full.

Since investment amounts and designation criteria change over time, confirm the current requirements with USCIS and assess your project’s fit with a specialist before investing.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.