Considerations and strategies for expediting the processing of EB-5 petitions....
About Phuong Le
Phuong Le is a partner at KLD LLP. He has more than 13 years of experience and heads a global EB-5 practice group focusing on projects and Vietnam.
Previously, he worked at David Hirson & Partners, where his practice focused 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-5 402 Questions Answered
- How can I create the rest of the ten jobs needed for my EB-5 removal of conditions?
- What are my legal options if my EB-5 project fails and I am not able to get my funds back?
- What is a typical EB-5 investment lock-in period?
- How can I finance my direct EB-5 investment?
- When should I expect to get my EB-5 funds back?
- Which EB-5 regional center payment option is more advisable?
- Are there any legal obligations to disclose my EB-5 application to my employer?
- How can I get an EAD with a pending EB-5 application?
- What are my chances of getting a U.S. visa approved if my L-1 I-485 got denied twice?
- How can I apply for an EB-5 visa through concurrent filing while on H-1B?
- How can I know what documents are missing from my EB-5 application?
- How can I live and work in the U.S. while my EB-5 application is pending?
- How can I invest in the EB-5 visa with borrowed money?
- How can I use a bank loan to finance my EB-5 visa investment?
- How can I apply for an E-2 visa while in the U.S. on a B2 tourist visa?
- How is an EB-5 conditional green card different from a permanent green card?
- When does the EB-5 I-485 processing begin while concurrent filing?
- How will USCIS respond to the withdrawal of an EB-5 application?
- How can I benefit from EB-5 concurrent filing while in the U.S. on a visitor visa?
- What should I do if an EB-5 dependent is missing in my NVC letter?
- What will be my status after my EB-5 conditional green card expires?
- How can I file a pending I-526, Adjustment of Status and H-1B at the same time?
- How does the USCIS 90-day rule work for EB-5?
- How do I deal with the source of funds requirement if I am the only direct EB-5 investor in a project?
- How does redeployment of EB-5 funds work?
- Can the company I work for impact my EB-5 visa approval?
- What happened with the EB-5 Direct Investment program after the reauthorization?
- What is the guidance for I-485 filing for existing EB-5 investors with pending i-526?
- Does the new EB-5 regulations with concurrent filing include child age protection?
- What is the status of EB-5 consular interviews?
- How do I file a writ of mandamus for my EB-5 I-829?
- How can my direct EB-5 visa investment amount be paid at the time of filing my petition?
- How can I do direct EB-5 with a VC type investment as a gift if its in a TEA?
- How can I use Forex Trading (UK) returns as a source of funds for my EB-5 petition?
- How can I as an EB-5 investor travel during the lapse of the regional center program?
- What is the I-526 RFE response time for EB-5?
- What will happen to my EB-5 I-829 acceptance if the EB-5 regional center program dies?
- How do I demonstrate that my EB-5 funds are from a lawful source?
- What happens if the direct EB-5 program changes the minimum investment amount after I file a petition?
- My I-829 18-month-extension is expiring while I am outside of the US for over 6 months. Can I still re-enter the country to get an extension?
- How can I make my EB-5 investment in an existing company?
- With a pending I-829, can I receive part of my capital back without redeploying or will I get an RFE?
- Is there any way to expedite I-829 petitions for EB-5?
- How can we seek to acquire for EB-5 without any invoice or case number generated by NVC?
- How many EB-5 direct cases are you seeing and is that a viable option right now?
- What are the current investment thresholds for EB-5 direct investment?
- What is my tax obligation as a non resident alien while waiting for EB-5 approval?
- How can I renew my combo card while the EB-5 regional center program is on hold?
- How can we make our business an EB-5 investment?
- How should I respond to the questions regarding my immigrant petition history on the DS-160 form if I have pending EB-5 petition?
- How can I withdraw my EB-5 investment and get money back?
- How do I get the extension from 18 months to 24 months for my I-797 for EB-5?
- How are direct EB-5 I-526 petitions from India being processed?
- What is the timeframe for a UK retiree to get the EB-5 visa these days?
- How do I as a hospitality company find EB-5 direct investors?
- What is the direct EB-5 job creation timeline?
- How long is the RFE processing times for EB-5?
- How can I as a developer secure an EB-5 investor?
- How should EB-5 applicants answer questions about immigration petition filing on the DS-160 form for their H1b visa stamping?
- How can I use an unsecured loan for my EB-5 visa investment?
- When will we know if the EB-5 investment amounts will increase again?
- With a pending I-829, what happens if the EB-5 project I redeployed my funds into is failing?
- What will happen with the EB-5 investment amounts now after USCIS appealed the Behring Regional Center lawsuit ruling?
- When do I need to show proof of Covid vaccination when applying for an EB-5 visa?
- How can I obtain an EB-5 green card funded with a loan?
- How can I use cryptocurrency for my EB-5 visa investment?
- How can we escrow the EB-5 investment after the I-526 approval?
- What is happening with my pending I-526 form through an EB-5 Regional Center?
- How can I file my I-526 petition before I invest the total $1 million direct EB-5 investment?
- What should EB-5 regional centers and NCEs do when it comes to revising project documents?
- How will the lapse of the EB-5 regional center program affect my ability to seek an extension of my I-829 18 month receipt from USCIS?
- At what point in the EB-5 process can I withdraw from my investment?
- How does the EB-5 regional center program lapse impact I-829 petitions?
- How can same-sex married couples apply for EB-5 on the same application?
- How can we file for I-829 for EB-5 before our conditional green cards expire if we have no time to get a social security number?
- Can my brother, who is a U.S. citizen, gift me funds for my direct EB-5 visa and also be a partner in the business?
- Can I file for I-526 now by initially investing a part of the $500,000 in a franchise?
- What happens with my EB-5 application now when Vietnam is current in the August visa bulletin?
- How long do jobs need to be sustained for an EB-5 regional center project?
- How can I apply for expedited processing for my EB-5 application?
- How can we use our E-2 business to get an EB-5 visa?
- What are the chances of I-829 approval if the EB-5 project is delayed and not finished?
- Does having a virtual office in a TEA qualify as a physical presence for EB-5?
- Could my EB-5 visa processing time change if I change my citizenship?
- How can I apply for an expediate process at NVC for my EB-5 application?
- What happens to an I-829 petition if the principal EB-5 applicant files and then leaves the country?
- How long should I expect it to take to transfer an approved EB-5 I-526 from USCIS to NVC?
- My I-526 was approved in December but USCIS still has not sent my EB-5 case to the NVC. What can I do?
- When does the job creation time line start for direct EB-5 investment projects?
- How do I change my address on a pending EB-5 visa application?
- At what point in the EB-5 process can we get our investment back?
- How long does an Indian EB-5 applicant need to wait for I-526 approval?
- Am I required to prove lawful source of a loan from relatives if it was already paid back before initiating my EB-5 process?
- As an EB-5 investor with an approved I-526, what happens now when the company I invested in went bankrupt due to COVID?
- How does the pending I-924 of our regional center impact our EB-5 I-526 processing time?
- What would happen with pending investors if the EB-5 program is not reauthorized?
- What are the EB-5 job creation requirements for the direct investment route?
- How can I still file an I-829 even though my investment money is not at risk during the 2-year conditional green card period?
- How can I apply for EB-5 direct investment by forming a company with a group of Americans?
- How can I use my real estate investment equity to apply for EB-5?
Verified EB-5 Investors
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