回复: 有请高手点评:美国最安全的投资项目,西雅图520大桥EB-5项目。
显然上面的案例是根本原因是没有连在一起。
The State may determine that
a specific metropolitan statistical area, a county within a metropolitan statistical area, or a county in which a city or town with a population of
20,000 or more is located, is a targeted employment area (TEA). In order to make such a determination, the county, city or census tract in question must experience an average unemployment rate of 150 percent of the national average. Additionally, the State has the power to, in some cases, designate certain geographic or political subdivisions of metropolitan statistical areas or of cities or towns with a population of
20,000 or more with a high unemployment rate of at least 150 percent of the national average, as targeted employment areas.
8 CFR § 204.6 Petitions for employment creation aliens.
(i) State designation of a high unemployment area. The state government of any state of the United States may designate a particular geographic or political subdivision located within a metropolitan statistical area or within a city or town having a population of 20,000 or more within such state as an area of high unemployment (at least 150 percent of the national average rate). Evidence of such designation, including a description of the boundaries of the geographic or political subdivision and the method or methods by which the unemployment statistics were obtained, may be provided to a prospective alien entrepreneur for submission with Form I526. Before any such designation is made, an official of the state must notify the Associate Commissioner for Examinations of the agency, board, or other appropriate governmental body of the state which shall be delegated the authority to certify that the geographic or political subdivision is a high unemployment area.
If the location of the proposed new business does not fall into a qualifying area described in Step 2, justification for high unemployment area qualification might be possible by special designation of a smaller area within the otherwise non-qualifying area. The state government may designate a particulargeographic or political subdivision located within a metropolitan statistical area or within a city or town having a population of 20,000 or more as an area of high unemployment and having at least 150 percent of the national average rate.
In order to consider special area designations, applicants for such designation must observe the following criteria:
A) The entrepreneur asking for designation should include a description of the boundaries of the geographic or political subdivision:
a. A geographic subdivision would be an area carved out based on the physical features of the Earth’s surface. (Good examples would be XYZ Valley, XYZ Bay, etc.)
b. A political subdivision would be a division of a state that exists primarily to discharge some function of local government, such as a civil administrative unit of a county or city. (Administrative units of the federal or state government do not qualify for special designation.)
B) The proposed area must have an unemployment rate equal to or exceeding 150% of the national unemployment average based on the weighted average of the unemployment rate of the contiguous census tracts comprising of the desired area. (520项目使用的就是这个方案)
Although the decision on claiming that a new commercial enterprise has created or will create employment in the desired designated high unemployment area belongs to the federal government, the state government has to evaluate potential beneficial and adverse impacts of such a designation. To aid such an evaluation, requesters should also provide a logical economic reasoning, one that would be recognized within the investment area or a specific industry, for why the area should be provided with a HUA (TEA) designation. Such reasoning should include any and all information necessary to justify the claim that the establishment of the new business will have a positive and meaningful effect on unemployment in the desired area.