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