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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-5 274 Questions Answered
- How effective is it to file an Ombudsman?
- What is the processing time for I-526?
- What is the best way to contact USCIS on I-526 inquiries?
- Can I still enter the U.S. with my EB-5 visa in face of the Trump immigration ban？
- Can I keep my investment in an escrow account for a direct EB-5 investment project?
- Can I work for the project I invest in during the 2-year conditional permanent residency?
- Can I use the money earned from my gambling company for my EB-5 application?
- Could I get I-485 approval if my EB-5 project fails?
- What is the minimum development size for an acceptable EB-5 real estate project?
- How can I file a marriage-based I-485 petition with a pending I-829 petition?
- What does TRO mean in the EB-5 space?
- How can EB-5 investors allocate their capital in a direct investment?
- What should I do if my regional center gets terminated when my I-829 is pending?
- How can I transfer assets of a foreign company to the U.S. for my EB-5 application?
- How can my company participate in the EB-5 program?
- How can my son who becomes 21 during the administrative processing of our EB-5 visas enter the U.S.?
- How can I manage my EB-5 business with a visitor visa while waiting for my case to be approved?
- How does USCIS allocate the unused visas among EB-5 investors from backlogged countries?
- How can I use capital earned from stocks for my EB-5 application?
- What is the standard range of return for EB-5 investors in a project where the EB-5 capital is structured as preferred equity?
- How can EB-5 investors use their shares in an EB-5 project for loans?
- How should I respond to the questions regarding immigrant petition history on the DS-160 form if I have pending EB-5 and EB-2 petitions?
- How can I invest in a real estate development project and qualify for EB-5 without working with a regional center?
- How can an EB-5 investor whose EB-5 investment has failed stay in the U.S. with a valid conditional green card?
- How can I use money in my 401(K) account to apply for EB-5?
- What is the estimated processing time for I-526 applications?
- What are the travel restrictions on conditional green card holders?
- How are EB-5 investors taxed on inherited property?
- How long does it usually take to launch an EB-5-compliant business?
- How can franchise businesses use EB-5 capital?
- Which option is faster for my wife to enter the U.S., with a CR-1 visa or an EB-5 visa?
- How can I use income from Google AdSense for my EB-5 application?
- How can I use crowdfunded capital in my EB-5 application?
- How could a change of investment projects impact the status of a dependent in an EB-5 case?
- How can I file an E-2 application and an EB-5 at the same time?
- How should investors interpret the job creation numbers on the form I-829?
- How can conditional green card holders apply for naturalization?
- If my EB-5-based I-485 gets rejected, how long do I have before I must leave the U.S.?
- When will I be eligible to apply for U.S. citizenship?
- How can EB-5 investors protect their rights to equal employment opportunities?
- How can I apply for I-131 re-entry permit outside the U.S.?
- How can I start a direct EB-5 investment with an H-1b visa?
- What happens to an EB-5 project if the unemployment rate of its TEA falls below 150% of the national average?
- How can I run an EB-5 business on behalf of my relative who is an EB-5 investor?
- When can investors request to get their EB-5 investment funds back?
- How should EB-5 investors read the visa bulletin?
- How can I correct a mistake in the DS-260 form during the EB-5 visa interview?
- What documents do I need to prove that I am an accredited investor for the EB-5 program?
- How can an EB-5 projects recruit more EB-5 investors than what was originally intended in the project business plan?
- How should investors choose between EB-5 and E-2?
- How should investors arrange the timing of investment in EB-5?
- How can I file an EB-2 case if I already hold an EB-5-based conditional green card?
- What is the progress of the H.R. 1044 bill?
- How can I change information on my DS-260 form for my EB-5 visa?
- Can I withdraw a pending I-829 application and re-apply for another type of green card while in the U.S.?
- Can I enter the country with a visitor visa if I have a green card?
- How possible is it that a 10-year-old dependent will age out if an Indian investor participates in EB-5 now?
- What are the negative impacts on an investor who withdraws an approved I-526 petition?
- What is the minimum age to apply for EB-5?
- Does the petitioner count toward the job-creation requirement?
- Can I change the country of chargeability of my EB-5 case while the I-526 is pending?
- What is the current waiting time for new EB-5 investors from India?
- How can we invest in an EB-5 restaurant franchise project with diners at different locations?
- How can I invest in an ongoing motel development project?
- How can we change the principal petitioner of our EB-5 case?
- Can I use E-2 investment toward an EB-5 visa?
- How can we apply for EB-5 if we have stakes in a foreign company that will acquire a U.S. company?
- What should investors do if they find issues with their EB-5 investments at the I-829 stage?
- What are the current wait times for Australians?
- What options do we have for our 20-year-old daughter when retrogression hits India investors in July?
- Can my girlfriend have two pending petitions for permanent residency?
- Will pregnant women be considered a public charge?
- How long can I keep my status as a green card holder after the I-829 application is denied?
- What should I do if I spot issues with my EB-5 project at the I-495 stage?
- Can I make an EB-5 investment through a holding company?
- Does an investment fund qualify as an EB-5 direct investment business?
- Why is there a big increase in the processing time of I-526?
- Would an e-commerce business be eligible as an EB-5 direct investment?
- What is the requirement of the financial wellness of an EB-5 investor?
- How should I start the application for U.S. citizenship?
- Does the new commercial enterprise have to create jobs before its investors receive the conditional green card or after?
- Is it a good idea to add children who are almost 21 years old to an EB-5 application?
- How can I add my new wife to my EB-5 application if I already have a visa interview scheduled?
- How long does it take to adjudicate an I-526 after it is assigned to an officer?
- Can I change status from B1/B2 to E2 with a pending EB-5 case?
- Will my children who were born in mainland China be subject to the EB-5 retrogression?
- What should I do if the adjudication of my I-526 is outside the normal time frame?
- Do I need to make significant changes to an existing business to qualify for EB-5?
- What requirements should an existing business meet as an EB-5 qualified business?
- Can we use money earned in the U.S. as our EB-5 funds?
- How can a group of investors set up a branch in the U.S. and apply for EB-5?
- How can Chinese investors maintain the "at risk" status of the funds without having to reinvest?
- How can I enter the U.S. with an expired green card and a pending naturalization case?
- When are EB-5 investors allowed to get the investment money returned?
- Is it important for an EB-5 investor to show that the direct investment is making money?
- What is the process of receiving a green card for an EB-5 investor currently living outside the U.S.?
- What are the minimum requirements for maintaining permanent residency for the investor, spouse and children?
- Why am I receiving schedule K-1 but no actual payment?
- Could the approval of an EB-5 exemplar project be deemed a significant change?
- How can we get the investment money back if we decide not to proceed with EB-5?
Verified EB-5 Investors
EB5 Investors Magazine and EB5investors.com Articles
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