Assessing EB-5 TEA Qualification (online tools)

How can we tell whether an area qualifies as a Targeted Employment Area for EB-5, now that states no longer issue TEA designation letters?

Letters are a handy form of evidence, better than printing out thousand-row spreadsheets, so most Form I-526 will still be accompanied by a letter that presents data and explains TEA qualification. The project company, regional center, or lawyer can hire a private expert to write the letter. But naturally, the analysis won’t look as automatically authoritative as a letter signed by a state labor department. So how can we still feel confident about TEA analysis? With TEA qualification making the difference between a $900,000 investment and a $1.8 million investment, we want to be sure on this point.

Thankfully, new online tools have helped to add convenience and transparency to the TEA process. The websites for the U.S. Census Bureau and Bureau of Labor Statistics are quite difficult for laymen to navigate, but three EB-5 industry sources have compiled relevant Census and BLS data in online TEA tools. I can recommend the following, having tested each (and if you know of any others, send me a link and I’ll try them out too): IIUSA TEA ToolImpact DataSource TEA ToolEB5 Affiliate Network TEA Tool.

The TEA tools are set up so that you enter an address, and the tool will tell you whether and how that address can qualify as a TEA. The tools use the same data options and methods consistent with USCIS guidance, while differing in which types of TEA geographies they particularly highlight or facilitate checking.

As a reminder, a given address may qualify as a TEA with respect to its location in the following geographies: single census tract, census tract group, MSA, county that is within an MSA or contains a city/town with population over 20,000, city/town with population over 20,00 which is outside an MSA, or rural area outside an MSA and not in the outer boundary of a city/town with population over 20,000. (Census tract group is the most common type of TEA.) In addition to geography options, TEA designation offers data options (with data available from the Bureau of Labor Statistics and/or U.S. Census Bureau explicitly sanctioned by USCIS as reasonable). If a given address qualifies as a TEA at multiple geographic levels and with multiple data options, so much the better.

I’d go to the IIUSA tool first if I wanted to scan a map looking for obvious TEA areas, or if I were interested in any geography option besides census tract group. I’d go to the IDS or EB5AN tools first if I expected a location to qualify as part of a census tract group. Both the IDS and EB5AN tools automatically identify which contiguous census tracts will optimize the TEA opportunity within USCIS policy restrictions. The IDS tool is unique in offering an additional trend feature that uses the latest monthly BLS data to help foresee future TEA changes – which will be significant in 2021, considering the crazy employment year in 2020. The EB5AN tool has the advantage of integrated map with census tract overlay, and the option of downloading a free template TEA letter.

I think it’s easy and good practice to just check all three tools when examining a particular location, though each should offer the same conclusions. That way if one company or organization eventually neglects to update data on time or makes some other slip, the difference from another tool will flag the issue and help prevent mistakes. And then, having used the online tools as a research reference, you can pay a qualified consultant to actually write up a TEA analysis letter, present the data, and remind you about the TEA qualification issues besides data and geography (TEA timing, and where jobs are located).

TEA Tool Comparison

Tool IIUSA TEA Tool
 
Impact DataSource TEA Tool EB5 Affiliate Network TEA Tool
Source Industry trade association Economist service provider Regional center operator
Advantages / Distinctive Features Best if you want to scan a map to visually identify rural areas and single census tract TEAs.
Only tool that reports county, MSA, and city-level data as well as census tract data.
Map portion of the tool functions most smoothly.
Good for identifying census tract group TEAs.
Best for predicting future TEA changes, as it separately reports and illustrates the latest monthly unemployment data trends.
Facilitates creating your own census tract groups.
Includes MSA TEAs.
Good for identifying census tract group TEAs.
Only option that offers to automatically generate a free TEA letter.
Census tract grouping tool is integrated with the map.
More detail than IDS (but less than IIUSA) for county and rural TEA.
Comparative Disadvantages Does not identify or automatically calculate census tract group TEAs (though it provides data that allow doing this oneself). The map integrated with the tool is not visually helpful – no overlay of census tract or other boundaries.
While correctly assessing TEA qualification at the county, MSA, and rural level, does not show the data used to make those determinations.
Intrusive advertising.
Map portion does not work as smoothly as IIUSA’s. Can have technical glitches if checking multiple addresses.
Rounding data to two decimal places maximizes opportunity for marginal TEAs (strength and weakness).
Does not flag MSA TEA.

As an illustration, a few screen shots of the various options for checking how my office location may qualify as a TEA.

About Suzanne (www.lucidtext.com)
Suzanne Lazicki is a business plan writer, EB-5 expert, and founder of Lucid Professional Writing. Contact me at suzanne@lucidtext.com (626) 660-4030.

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