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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-5 305 Questions Answered
- 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?
- How can I as an EB-5 applicant renew my re-entry permit outside of the U.S.?
- How can I make the processing time for I-829 for my EB-5 direct investment faster?
- How can I apply for EB-5 after I lost my F-1 status?
- How can I expand an existing business as part of my EB-5 direct investment?
- How would I switch from adjustment of status to consular processing on an I-526 petition?
- What can I do if USCIS has not transferred my case to NVC even though my I-824 was approved last year?
- Can I start a new job with an expired conditional green card and a I-829 receipt?
- How can I transfer from an approved I-526 to an I-I30?
- How can I file a status change for EB-5 while on a B-1 visa?
- How can we file a I-485 petition while the I-526 is still pending?
- What is the tax status for F-1 students after filing for EB-5?
- What happens with pending EB-5 applications if the EB-5 program is not reauthorized in June?
- What should I do if my CPR extension status has expired but I am not planning to travel?
- What happens if my I-829 is denied while I am traveling overseas?
- How will it impact our EB-5 process if the main applicant is overseas large part of the year?
- How can my venture capital fund benefit from the EB-5 program?
- How will an EB-5 application impact my current L-1 visa?
- What happens with our I-829 petition if the main applicant have been outside of the U.S. for a long time because of Covid-19?
- When can I start using my Eb-5 direct investment funds in my escrow account?
- How long after an RFE response does it take for USCIS to adjudicate I-526?
- What are my options if my I-829 18-month-extension is expiring soon?
- How can my U.S. employer help me apply for an EB-5 visa?
- How can EB-5 dependents file I-829 separately from the main applicant?
- How can I invest in an LLC on a tourist visa or EB-5 visa?
- What should I do if I have submitted my I-485 for EB-5 but just had the I-130 approved?
- Will the conditional green card be extended automatically while I-829 is pending?
- Does I-829 processing time count towards citizenship?
- What is the minimum percentage of equities an EB-5 investor should buy?
- 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?
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