Targeted employment area designation is adjudicated as part of the I-526 application. The EB-5 visa applicant must provide sufficient evidence that their project is located within a rural or high unemployment area by submitting a TEA designation letter to USCIS. There are several forms of evidence that can be used to prove that the EB-5 investment will be administered within a TEA. 

Some tips for acquiring sufficient TEA designation evidence include:

•  Contacting the U.S. Bureau of Labor Statistic’s Local Area Unemployment Statistics (LAUS) office to obtain published technical bulletins
• Getting a letter from a state government body to provide a rural area or high unemployment area evidence
• Providing other statistical documentation

If the EB-5 investment meets the $1.05 million threshold, there is no need for state involvement in the TEA designation process. If, however, the investment is made at the $800,000 state involvement may be necessary, though it is not essential. TEA designation can be pursued in one of two ways:

1. TEA designation through USCIS Designation by USCIS requires the applicant to submit evidence (examples given above) that the location of the new commercial enterprise in which the applicant is investing has an average unemployment rate of 150 percent of the national average.
2. TEA designation by the state government The applicant can submit a letter from an authorized state government body stating that the location of the new commercial enterprise has been designated a high unemployment area.