Question:
Can the EB-5 project have employees work in a non-TEA? I was wondering if my project would still quality as being in a TEA if my employees do most of their work in a non-TEA. For example, if I had a cleaning company with headquarters in a TEA, but with employees who worked mostly on cleaning buildings in non-TEAs, what problems could that cause? What do I need to know about EB-5 and TEA guidelines?
Answers:
The idea of employment creation is that it is located within a specified geographic area, which will include both the TEA and non-TEA areas. The job creating entity must be “principally doing business” in the TEA.
Remaining abroad for longer than six months per year may jeopardize your conditional permanent residence. You and your children leaving for longer than six months per year contradict the intent of residing in the U.S. It is essential to establish binding ties in the U.S such as bank accounts, purchase of a home, children attending American schools and filing taxes. It may be to your advantage to consult an experienced EB-5 attorney.
In a Direct EB-5 project the direct full time employees should be employed in the TEA. While in an EB-5 Regional Center project the indirect employees may be located outside the TEA.