Eb-5 Investment Visas

EB-5 Immigrant Investor Program Updates
The EB-5 Immigrant Investor Program, designed to provide U.S. green cards to foreign investors, has recently undergone regulatory changes. On June 22, 2021, the U.S. District Court for the Northern District of California vacated the EB-5 Program Modernization Final Rule. As a result, USCIS is applying the EB-5 regulations that were in effect prior to November 2019. Several changes implemented in 2019 under the Trump administration are no longer in effect, including:
  • Priority date retention for certain EB-5 investors
  • Increased minimum investment amounts to account for inflation
  • Revisions to targeted employment area (TEA) designations
  • Clarified procedures for removing conditions on permanent residence
  • Other technical and procedural revisions
Priority Date Retention
Certain immigrant investors are allowed to retain the priority date from a previously approved EB-5 petition when filing a new petition. This ensures that your earlier investment effort continues to be recognized in your new application.
Increased Minimum Investment Amounts
  • Standard EB-5 investment: $1.8 million (previously $1 million)
  • Targeted Employment Area (TEA) investment: $900,000 (previously $500,000)
  • Future adjustments will be tied to inflation (CPI-U) and updated every five years
Targeted Employment Area (TEA) Designations
USCIS now directly reviews and determines TEA designations rather than deferring to state or local authorities. Key points:
  • High-unemployment TEAs are defined as census tracts where the new commercial enterprise primarily operates, plus contiguous tracts.
  • TEAs can include cities or towns with populations of 20,000 or more outside metropolitan areas, provided the area’s unemployment rate is at least 150% of the national average.
  • These changes ensure that EB-5 investments target areas that need economic growth while standardizing TEA definitions.
Removal of Conditions on Permanent Residence
The updated guidance clarifies:
  • When derivative family members (spouses or children) must independently file to remove conditions on their permanent residence
  • Flexibility in interview locations
  • Updated procedures for issuing green cards
Why Work With an EB-5 Attorney?
Navigating the EB-5 program can be complex. As your legal representatives, we help create a clear roadmap for your investor visa, managing every step from start to finish. Our services include:
  • Evaluating and documenting the lawful source of funds
  • Assisting with equity investments in regional center projects
  • Tracing and documenting the flow of funds to the project
  • Preparing and filing the I-526 petition
  • Preparing conditional immigrant visa applications or adjustment of status to conditional permanent residence
  • Ensuring all EB-5 eligibility requirements are met
  • Responding promptly to all USCIS questions
  • Preparing and filing the I-829 petition to remove conditions on permanent residence
Our Commitment
Our experienced EB-5 attorneys work to expedite your application, minimize delays, and help you launch your U.S. business as quickly as possible. With expert guidance, you can navigate the EB-5 process with confidence and secure lawful permanent residency through investment.
Contact Us
Call our Los Angeles office today at 323-805-0445 to schedule a consultation with one of our EB-5 investor visa attorneys. We will guide you through every step of the process to ensure your investment and immigration goals are successfully achieved.
Employment Visas

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Contact Me:

Practice Areas:

  • Immigration Law
  • Affirmative and Defensive Asylum
  • Employment Immigration
  • Cancelation of Removal
  • Credible Fear Inerview

Education:

Florida International University College of Law, Miami, Florida
  • Miami – 2020
  • Honors: Dean’s List
Universidad Francisco Gavidia, San Salvador
  • B.S. – 2008
  • Major: Engineering

Representative Clients

  • Hispanic

Current Employment Position

  • Senior Partner

Mariano F. Herrera

Mariano Herrera is a passionate and dedicated United States Immigration Attorney originally from El Salvador, Central America. His personal journey as an immigrant to the United States inspired him to pursue a career devoted to helping others navigate the complex path of immigration law. After earning his Juris Doctor from Florida International University (FIU) College of Law and passing the bar exam, Mariano began his practice as an immigration attorney with an unwavering commitment to advocacy and justice. Drawing on his own immigrant experience, Mariano deeply understands the hopes and challenges faced by those seeking a new life in America. He brings empathy, precision, and determination to every case, representing clients before the Immigration Courts and USCIS. His mission is simple yet profound — to help as many immigrants as possible realize their American dream. Mariano’s legal expertise covers a wide range of immigration matters, including business and employment immigration, family-based petitions, asylum, deportation defense, and naturalization. Known for his meticulous attention to detail and steadfast dedication, he ensures that each client receives personalized guidance and strong representation. Fluent in both English and Spanish, Mariano effectively serves a diverse community of clients from around the world. Beyond his legal practice, Mariano is actively engaged in community outreach and education. He regularly leads workshops and seminars to inform immigrants about their rights and legal options, and partners with nonprofit organizations to provide pro bono legal services to those in need. Outside the office, Mariano enjoys traveling, exploring different cultures, and discovering new cuisines — experiences that broaden his worldview and deepen his empathy for clients from all backgrounds. A passionate reader and keen follower of global affairs, he continually enriches his knowledge of immigration trends and international issues. Mariano Herrera’s journey from El Salvador to the United States, combined with his compassion and professional excellence, has made him a trusted advocate and a respected figure in the field of immigration law.

Past Positions

  • Brandis and Associates, Associate Attorney, Feb. 2022 – July 2022

Professional Associations

  • State Bar of Wisconsin, Member, 2020
  • American Immigration Lawyers Association, Member, 2022 – 2023

Bar Admissions

  • El Salvador, 2003
  • Wisconsin, 2020
  • U.S. Court of Appeals 9th Circuit
  • U.S. Immigration Court

Contact Me:

Practice Areas:

  • Immigration Law
  • Business Immigration
  • Employment Immigration
  • Family Based Immigration
  • Non-Immigrant Visas

Education:

Florida International University College of Law, Miami, Florida

  • LL.M – 2020
  • Honors: Dean’s List

Bowling Greend State University, Bowling Green, Ohio

  • M.A.
  • Honors: Dean’s List

Representative Clients

  • Caribbean

Current Employment Position

  • Partner

Juliette A. Potter

Juliette Potter is a highly accomplished United States Immigration Attorney with over two decades of legal experience. She began her legal journey as a Barrister in the United Kingdom and was later admitted as an Attorney-at-Law in Antigua and Barbuda before the Eastern Caribbean Supreme Court.

Ms. Potter’s academic background is equally distinguished. She holds a Master of Laws (LL.M.) from Florida International University College of Law, a Bachelor of Laws (Honors) from the University of Wolverhampton, and a Legal Education Certificate from the Norman Manley Law School in Jamaica. She also earned a Master’s degree in Organization Development from Bowling Green State University’s College of Business in Ohio.

Her professional experience spans both the corporate and legal worlds. Before entering private immigration practice, she served as Chief Legal Officer for an international group of companies. Today, she is a Licensed Attorney in the State of New York, representing clients before the Federal Immigration Courts of the United States, while also maintaining her active law license in Antigua and Barbuda.

As an immigrant herself, Ms. Potter brings a unique perspective and deep empathy to her practice. Her personal experiences inspire her unwavering commitment to helping clients navigate the complexities of U.S. immigration law with confidence and care.

Outside the courtroom, Ms. Potter enjoys cooking, traveling, and exploring new cuisines — passions that reflect her appreciation for diversity and global cultures, both in life and in law.

Past Positions

  • The Fairweather Group, Chief Legal Officer, 2012 to 2018
  • Elite Island Holding Company Ltd., Legal Counsel, 2005 to 2012

Professional Associations

  • New York State Bar Association, Member, 2022
  • Antigua and Barbuda Bar Association, Member, 2005
  • American Immigration Lawyers Association, Member, 2023 – 2024

Bar Admissions

  • England and Wales, 2003
  • Eastern Caribbean Supreme Court, 2005
  • New York, 2023