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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Does a regional center's own TEA claim satisfy the reduced EB-5 threshold?

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THE DIRECT ANSWER

A promoter’s statement alone is not enough. Identify the applicable official designation or project approval, the actual location and whether the determination covers this investment under the governing rules.

Ask for the data behind the designation

Request the relevant official determination and supporting location analysis rather than relying only on advertising. Check the determination’s scope, validity and any material change with the actual filing facts. An earlier investor’s case is not automatically irrelevant, and a different project’s result cannot simply be borrowed. Keep the job methodology distinct from the reduced-capital question.

Verify capital and jobs independently from the promoter’s description. EB-5’s standard level is US$1,050,000. It becomes US$800,000 for a targeted employment area, meaning rural or high unemployment, or for an infrastructure project. The investment must create ten full-time positions for qualifying U.S. workers. Capital must remain at risk and be invested or actively undergoing investment; document its lawful source and path. Because this page concerns a regional center, the investor files Form I-526E. The common mistake is treating marketing language as proof that the location qualifies or projected employment satisfies the governing methodology.

Hypothetical example: an Ottawa cloud-infrastructure entrepreneur considers a regional-center data-centre development advertised at the reduced level. The investor should obtain location evidence supporting rural or high-unemployment treatment, confirm the project named in the offering, and inspect how its economic analysis attributes ten qualifying jobs to each investment. Counsel should compare those materials with the subscription and I-526E facts. A designation for another site, or a construction brochure, cannot repair mismatched geography, capital deployment, or job assumptions.