EB5 Investors Magazine Volume 4 Issue 1 | Page 17

from the American Community Survey) and data from the Bureau of Labor Statistics (including data from the Local Area Unemployment Statistics). A state government may designate a Metropolitan Statistical Area (MSA), county, city or town of 25,000 plus (all cities and towns in New England), where official data is published on a regular basis, as a targeted employment area based on high unemployment. The state government may also designate a geographic or political subdivision such as a small city or town, census designated place (CDP), census tract, block group, ward, or city community area as a targeted employment area based on high unemployment. A state can combine contiguous combinations of smaller geographic areas such as census tracts, block groups, and wards where data can be derived through acceptable government methodologies, but cannot combine larger areas such as cities, towns and CDP’s. Where a proposed TEA crosses MSA boundaries, the total combination of contiguous census tracts or block groups cannot exceed 12. A water-based census tract with no or limited land mass and no population cannot be included as part of any TEA unless it serves as a connector. Rural Area A rural area is defined as any area not within either a MSA or any city or town having a population of 20,000 or more based on the most recent decennial census of the United States; or Any census tract within either a MSA or any city or town having a population of 20,000 or more that is: • Not within an urbanized area of 50,000 or more population as defined by the most recent decennial census; and • Is greater than 100 square miles; and • Has a population density of fewer than 25 people per square mile. USCIS will defer to state determinations of the appropriate boundaries of a geographic or political subdivision that constitutes the targeted employment area. However, for all TEA designations, USCIS will have final authority by ensuring compliance with the statutory requirement that the proposed area designated by the state in fact has an unemployment rate of at least 150 percent of the national average rate and that the state used proper methodologies in obtaining the unemployment statistics. WWW.EB5INVESTORS.COM ★ Elliot Winer is the founder of Northeast Economic Analysis Group and Winer Economic Consulting. He has extensive expertise in evaluating potential TEAs, and has received over 700 TEA designations in 35 states. Prior to NEEAG, Winer worked as a labor economist for the state of Massachusetts as the chief supervisor of economic research for the Department of Workforce Development, and later director of economic analysis and chief economist. He is a member of the Associated Industries of Massachusetts (AIM) Executive Advisory Board. 15