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February 2018

CRE’s EB-5 Modernization Petition Compared with USCIS’s Proposed Rule: Regulation Removal and Job Creation versus Regulation Creation and Job Removal

Creating Jobs for American Living in Rural and High Unemployment Areas

CRE’s petition seeks to unleash the job-creating power of the EB-5 program through a literal reading of the underlying statute.

The law requires that EB-5 applicants taking advantage of the Target Employment Area (TEA) provisions of the program create jobs in rural and high unemployment areas. CRE proposes that DHS implement this provision by requiring that only direct jobs documented as being held by people living in rural and high unemployment areas count in assessing whether a project qualifies for TEA benefits.