Should the EB-5 Investor Visa Program Recognize Cyber Workers?

From: CircleID

By Bruce Levinson

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There is no statutory requirement that new commercial enterprises be physically located in TEAs in order for investors to qualify for the TEA provisions of the EB-5 program. To the contrary, the statute states that investor visas “shall be reserved for qualified immigrants who invest in a new commercial enterprise … which will create employment in a targeted employment area.”

One option for the EB-5 program would be to allow a new commercial enterprise to qualify for TEA EB-5 investment, irrespective of the business’s location, by committing to hire workers who live in a designated TEA. By leveraging the internet, the EB-5 program could provide technology jobs to Americans who live in rural and high unemployment areas.

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