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[Q] Can one invest in a Headquarter company in TEA but create jobs through retails stores located outside TEA?


[Q] An EB-5 investor invests in a company that operates several retail outlets. The company’s headquarters office is in a designated TEA, but the retail stores directly owned and operated by the company are not in TEAs. Assume 5 jobs will be created in the headquarters location and 5 jobs will be created at retail stores that are not in TEAs. How much money must the investor invest: $500,000 or $1 million?

This is what USCIS stated on this issue.

This question cannot be answered in the abstract without a clear presentation of the facts in the record of proceeding. Whether a particular case with this fact pattern can be approved is dependent upon a review of the specific evidence of record.

Actually, in our opinion, USCIS did not need to hedge their answer. In our opinion, the answer would be "no" based on the USCIS' past rationale on a similar issue and the Izummi precedent AAO case, because the entity closest to job-creation are retail stores and they must be located in TEA; otherwise, the requisite investment should be $1 MM case.