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SAINTE-JULIE · EB-5 FIELD GUIDE

What should support a project’s claim to rural EB-5 treatment?

Sources checked:

THE DIRECT ANSWER

Obtain the actual geographic basis, relevant boundary and census evidence and the explanation connecting it to the investment described in the case.

Avoid substituting a convenient address

A sponsor’s mailing address is not automatically the relevant location. Have the actual project arrangement assessed rather than choosing whichever address appears to produce a favorable result. The relevant location for the rural determination is where the new commercial enterprise actually does business and where the capital is principally deployed, not wherever the sponsor's correspondence happens to be addressed.

Ask for the specific boundary description and the official designation source relied upon, rather than a summary paragraph asserting the area qualifies, so the underlying basis can be checked against the current statutory definition. A rural or population designation can change between when marketing materials were prepared and when the petition is actually filed, so confirm the determination relied upon is the one current as of the relevant filing date rather than an earlier snapshot. Where the project spans more than one site, obtain the analysis for each site separately, because a favorable designation for the headquarters address does not extend automatically to a job-creating facility located elsewhere.

Keep the maps, boundary descriptions and designation letters in the file rather than only the conclusion, so any later question about the classification can be answered from the underlying source rather than from memory.