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POWASSAN · EB-5 FIELD GUIDE

Can a Powassan bakery owner rely on a promoter's statement that a project is in a targeted employment area?

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THE DIRECT ANSWER

No. The designation is a statutory question determined on evidence about where the jobs will be created, not a claim a project can simply make. Ask for the underlying designation evidence and its date, and have an independent adviser assess it before choosing the reduced amount.

A brochure is not a designation

The reduced qualifying investment of US$800,000 is available for a project in a targeted employment area, meaning a rural area or an area of high unemployment as the statute defines them, or for a qualifying infrastructure project; otherwise the amount is US$1,050,000 under the 2022 Reform and Integrity Act, with statutory adjustment beginning January 1, 2027. Because the difference is substantial, the designation deserves the same scrutiny as the business plan. Rosalind should see the data on which it rests, learn who prepared it and when, and ask what would happen to her petition if the basis were not sustained.

Every other requirement continues to apply regardless: capital at risk, lawful source and path, at least ten full-time jobs for qualifying U.S. workers, and her own engagement in the enterprise through management or policy formulation.