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EB5 Status

EB-5 Project Types Explained

Every EB-5 investment flows into a “new commercial enterprise” (NCE) that creates jobs. The structure of the enterprise and the area where it operates determine filing requirements, job counting methodology, and visa category.

This page explains the project taxonomy: two structural approaches (regional center and direct) and four TEA designations (Rural, HUA, Infrastructure, and non-TEA).

Official Data|INA § 203(b)(5); USCIS Policy Manual Vol. 6, Part G

Regional Center vs. Direct Investment

Regional center investments use a USCIS-designated intermediary entity (the regional center) that manages the project and handles compliance. The investor files Form I-526E and makes a passive investment.

Direct investments do not use a regional center. The investor files Form I-526, invests directly in a business, and must play an active role in day-to-day management.

The key advantage of regional center investment is job counting — indirect and induced jobs (calculated through economic models) count toward the 10-job requirement. Direct investments can only count direct W-2 employees. Over 95% of EB-5 investors historically choose regional center projects.

For a detailed comparison, see Regional Center vs. Direct Investment.

Targeted Employment Area (TEA) Categories

Targeted Employment Areas qualify for the reduced $800,000 investment minimum. Three types under current law:

Rural Areas

Locations outside metropolitan statistical areas and outside cities with 20,000+ population. Receive 20% of EB-5 visas as a set-aside. Currently no backlog for any nationality.

High-Unemployment Areas (HUA)

Locations with unemployment at 150% of the national average. Geographic area defined using census tract data. Receive 10% of EB-5 visas as a set-aside.

Infrastructure Projects

Owned, administered, or funded by a government entity. Receive 2% of EB-5 visas as a set-aside. The least common category.

For a detailed comparison of all TEA categories, see TEA Categories Compared.

Non-TEA (Standard) Projects

Projects not qualifying under any TEA designation require the standard minimum investment of $1,050,000. They compete for visas in the unreserved EB-5 pool (68% of annual visas), which has backlogs for Chinese and Indian nationals.

Non-TEA projects are typically located in affluent urban areas that don't meet the high-unemployment threshold and are within metropolitan statistical areas (excluding Rural). The higher investment amount and potential backlog make them less popular than TEA projects for most investors.

Official Data|INA § 203(b)(5)(C)(i)

Project Due Diligence

EB5Status does not evaluate, recommend, or rank specific projects. However, investors and attorneys should consider several factors:

Regional Center Designation Status

Is the regional center's designation current and in good standing? Has USCIS issued any notices of intent to terminate? Check the USCIS designated regional center list.

Form I-956F Project Approval

Has the specific project received I-956F approval from USCIS? An approved I-956F provides assurance that USCIS has reviewed the project's business plan, job creation methodology, and offering documents.

Developer Track Record

Has the developer completed prior EB-5 projects? Have those projects created the required jobs and returned investor capital? Track record is observable — ask for documentation.

Capital Structure

How is the project capitalized? What percentage of total project cost comes from EB-5 capital vs. developer equity, senior loans, or other sources? Higher developer equity alignment generally reduces investor risk.

Editorial|EB5Status analysis; this is not investment advice

Frequently Asked Questions

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