EB-5 TEA Update: Look Before You File - Is My Project Still in a TEA?

One of the most important structural elements of the EB-5 program is the Targeted Employment Area (TEA) designation because it directly affects the minimum investment requirement (currently $800,000 for TEA projects versus $1,050,000 for non-TEA projects) and can provide set-aside visa allocations that help reduce wait times and backlog risks.

In early 2026, the U.S. Census Bureau released fresh labor force data that feeds into the calculation of High-Unemployment Area (HUA) TEAs. This triggered an update to the EB-5 TEA Mapping App, a critical tool used by investors, developers, and advisors to assess whether a given project location qualifies for TEA designation.

What’s New With TEA Data

The latest American Community Survey (ACS 5-year estimates) (2020-2024) were published in late January 2026 and form the basis for calculating unemployment rates across U.S. census tracts. These updated figures are now incorporated into TEA qualification tools.

• The updated data changes which census tracts qualify as HUAs because unemployment rates have shifted.

• Over 5,000 census tracts gained or lost HUA status under the new ACS estimates.

These recalibrations matter because TEA status particularly for high-unemployment calculations depends on whether a tract or combination of adjacent tracts has an unemployment rate ≥150% of the national average.

What Happens If My Project Loses Its TEA Designation After I Invest?

A common concern for EB-5 investors is what happens when a project that originally qualified as a High-Unemployment Area (HUA) TEA loses that designation due to updated unemployment data or demographic shifts.

Good news for investors:

Under current USCIS policy, TEA status is “locked in” as of the time of investment or the date of filing the I-526/I-526E petition, whichever is earlier. That means:

• If your project qualified as a TEA when you invested or at the time your EB-5 petition was filed, you retain the investment threshold even if the area later loses that designation.  

• USCIS does not require TEA status to remain in effect throughout the conditional residency period or through I-829 adjudication. What matters is that the project met the TEA criteria at the relevant static point (investment or filing).  

Here’s how that works in practice:

• You filed I-526E based on TEA status. TEA is verified with current unemployment data at that moment. Even if new data later shows the area no longer meets HUA criteria, the TEA designation that supported your petition remains accepted for your case.  

• Your investment was actually deployed before filing. Then TEA status is confirmed based on the location at the time the capital was put “at risk,” and subsequent changes do not change your original qualification.  

However, a change in TEA status can matter for future investors in the same project because projects losing TEA designation may no longer qualify for the lower threshold for new investors after that point.

If a Project I’m Considering Lost Its TEA Designation, Am I Still Protected Under I-956F Filing?

Here’s the key distinction:

1. If TEA Designation Changes Before You Invest or File

If a project already lost its TEA designation before your investment or before filing I-526E, the situation is different:

• You cannot rely on an expired TEA designation from prior filings. USCIS requires that the area be an active TEA at the applicable determination point.

• If TEA is no longer valid, the project would not qualify, meaning your petition could be at risk of denial if you proceed because USCIS will evaluate TEA status with current conditions.

2. I-956F Approval Does NOT Insulate You If TEA Eligibility Changed Pre-Filing

   • Approval of Form I-956F broadly confirms the NCE is eligible to receive EB-5 capital and participate in the program. But I-956F alone does not protect an investor from a TEA eligibility issue if the area no longer qualifies at the time of your I-526E or investment.

   • TEA designation tied to I-956F is generally locked in only for the purposes of that corporate application window; investor petitions still need to meet statutory TEA criteria based on current regulatory standards at investment/filing.

TEA Mapping Tool Upgrade

In response to the updated ACS data, the TEA Mapping App, developed with Impact DataSource, has been updated to reflect the new unemployment figures. This tool remains an indispensable first step in verifying TEA eligibility, but it’s not a guarantee of approval: investors should still consult with experienced EB-5 economists or counsel before making final filings.  

Key points about the update:

• High Unemployment TEA: designations may change for some projects, especially in urban and transitioning markets.

• Rural TEA: designations are not affected by this particular data release, since they depend on population geography rather than unemployment rate calculations.

• The app uses the “straight-ACS” method, a primary way USCIS evaluates HUA status under current rules, though other calculation methods may still be relevant.

Why TEA Designation Still Matters

The TEA designation is not just about meeting a regulatory requirement, but it delivers tangible benefits for EB-5 investors:

1. Lower Investment Threshold

Projects in qualified TEAs take advantage of the reduced $800,000 investment level, making EB-5 more accessible to a broader range of investors.

2. Priority Visa Allocations

Under the EB-5 Reform and Integrity Act of 2022, specific visa numbers are reserved for TEA categories:

• 20% for Rural projects

• 10% for High-Unemployment Area projects

• 2% for Infrastructure projects

This means these investments can move more quickly through the visa queue than unreserved EB-5 cases.

3. Strategic Advantage in Backlog Reduction

For investors from oversubscribed countries like China and India, TEA designations can significantly shorten waiting times — particularly when reserved visas are still current.

How Investors Should Respond

Because TEA status relies on dynamic economic data, investors should:

Re-Check Eligibility Before Filing

• Unemployment shifts, even slight ones, can change whether a project location qualifies as a HUA TEA. Updated mapping tools help identify these changes so you can make decisions grounded in current data.

Plan With a TEA Expert

• The map and app are valuable starting points, but an EB-5 economist or adviser can help determine the best combination of census tracts and verify compliance for your specific project.

Monitor Both Rural and HUA Opportunities

• Since the recent data update does not affect rural TEAs, some investors may find that rural designations offer more stable eligibility while high-unemployment areas shift over time.

Bottom Line

The February 2026 TEA data refresh demonstrates how closely EB-5 qualification can hinge on economic indicators like unemployment. Keeping up with the latest data and leveraging updated mapping tools is essential for investors who want to:

• qualify for the $800,000 investment tier

• leverage reserved visa set-asides

• and maximize strategic planning under current EB-5 law

As always, TEA designation should be confirmed with updated data and professional guidance before final investment and filing decisions are made, especially in an immigration environment where precision and timing can dramatically affect outcomes.

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