What considerations should potential investors take into account when it comes to selecting the route for their EB-5 investments. ...
About Phuong Le
Phuong Le is an immigration attorney at David Hirson & Partners LLP. His practice focuses on advising EB-5 regional centers, developers, and businesses with matters related to the structure, deployment and management of EB-5 financing. Attorney Le has advised individual investors, agents, developers, business owners, and other parties involved in EB-5 transactions.
Before he joined the David Hirson & Partners team, Attorney Le provided counsel in-house for a regional center and real estate developer. He has advised a wide spectrum of businesses on EB-5 matters, such as restaurant franchises, commercial real estate developments, hotels, multi-family apartment buildings, and more.
Attorney Le assists businesses on the various steps of the EB-5 financing timeline, including structuring EB-5 offerings as a piece of the capital stack, and quarterbacking complex structuring and review with economists, securities attorneys, business plan writers, and escrow banks. He also helps businesses on the formation and management of their own EB-5 regional centers, including review of different attorneys’ EB-5 filings.
His representative experience in EB-5 financing issues includes: I-526 exemplar approval for a $50 million EB-5 offering for a 300+ unit apartment complex; $180 million in equity/debt EB-5 financing for a 400,000 sq. ft. mixed-use commercial real estate development; and direct EB-5 financing raises for fast-casual restaurant franchises.
Attorney Le is actively admitted to the California State Bar. He is a member of the Asian Pacific American Bar Association, the Southern California Chinese Lawyers Association, the Orange County Asian American Bar Association, and the National Asian Pacific Bar Association, among other organizations.
He earned his Juris Doctor from the U.C. Hastings, College of Law, and bachelor’s degrees in philosophy and criminology, law, and society from U.C. Irvine. In his spare time, Attorney Le volunteers with Southern California community and professional organizations, and provides pro bono immigration advice at legal clinics in the community. He is fluent in English and Vietnamese.
Answers to EB-5 52 Questions Answered
- How can I use a $50K loan from my 401(k) as part of my EB-5 investment?
- How does the EB-5 Program view 401k as a source of funds?
- Who writes the business plan for an EB-5 direct investment?
- Why do investors involved in the same EB-5 project get their green cards at different times?
- How do regional centers calculate interest rates for individual investors?
- How do I withdraw my I-526 petition and investment funds so I can pursue EB1A?
- How would I show source of EB-5 funds for lottery winnings?
- What is the difference between an EB-5 project with exemplar approval and one without it?
- How will two part-time jobs created by my EB-5 investment be counted?
- When does the “5-year path to citizenship” in the EB-5 Program start?
- How can I invest in two separate urgent care centers as part of one EB-5 project?
- How should a spouse derivative prepare for their partner’s EB-5 visa application?
- How and when do you get a physical conditional green card in the EB-5 process?
- What should I do if my lawyer submits my I-526 filled with errors?
- How can one EB-5 investor loan funds to another EB-5 applicant?
- How important is a resume for the EB-5 investment process?
- What are the “accredited investor” requirements for the EB-5 Immigrant Investor Program?
- How can two family members invest in the same project and both receive an EB-5 visa?
- What is a mixed use project?
- How do regional centers find EB-5 projects?
- How many investors can an exemplar EB-5 project have? Is there a cap?
- What is the best economic model to use when developing an EB-5 project?
- How late can an investor invest in an EB-5 project—for example, a project nearing completion?
- How will investing in a project alongside Chinese EB-5 investors affect my application timeline?
- What options are there for Chinese nationals to speed along the immigration process?
- What are the requirements for employees of an EB-5 investor?
- How do we add a baby to our filed I-526?
- How can I use VC funds for my EB-5 investment?
- Who is responsible for checking the standing of a regional center with the SEC?
- What happens if only one member of a couple applies for EB-5?
- How can both my friend and I obtain U.S. green cards?
- What happens to my investment if an EB-5 direct business area becomes a TEA?
- How can I qualify for EB-5 via a new or existing VC fund?
- How will a difference in EB-5 jobs created affect my removal of conditions?
- What kind of documents should we compile to show our source of funds?
- What are the risks of investing in a regional center project with no escrow agreement?
- What if the EB-5 project is done before I file an I-829?
- What vetting process will I have to undergo to receive EB-5 funds?
- Why does it matter if an EB-5 attorney is affiliated with a regional center?
- What visa is issued after the consular interview?
- What does it mean if there is no EB-5 exemplar project approval yet?
- What are the state-level requirements for becoming a regional center?
- What guarantees can EB-5 project developers offer investors?
- How can a company also hire its EB-5 investors?
- What does the process of buying an EB-5 regional center involve?
- How many jobs will my business have to create?
- What changes should EB-5 regional centers be aware of in the new policy manual?
- What happens if an EB-5 investor has a passive role in the business?
- How can I monitor my funds invested in an EB-5 project?
- What is the difference between the EB-5 regional center and project developer?
- Who determines when the full EB-5 investment must be paid?
- What is the difference between an EB-5 attorney and an immigration attorney?