eb-5 投資移民手冊, lee & lee law, p.s
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206.458.6986
206.458.6816
www.leeandlee-ps.com
1001 4th avenue, suite 2388seattle, washington 98154
L & L, PS
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Firm PhilosoPhyA journey of a thousand miles must begin with a single step. Lao Tzu
At Lee & Lee, PS, we understand the serious stakesinvolved whenever a client seeks immigration to the
United States and how such an important decisioncan impact the clients amily, job, business, reputa-tion and well being. Thereore, we treat each clientsimmigration case with the highest integrity, conden-tiality, respect and determination. We help the im-migration client every step o the way, making sureto answer all questions and concerns during the longand tedious immigration application process. At Lee
& Lee, PS, we treat each client as i he or she will bea client orever, even ater successully immigrating to
the United States. We stand by each client during theentire journey, taking one prepared step at a time.
The EB-5 application process is a journey omany miles; take your rst step with condence - takeyour rst step with the experienced and skilled law-yers at Lee & Lee, PS!
,
Nadja N.
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(EB-5)1990, ,
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General inFormation and
history oF the eB-5 ProGram
The U.S. Immigrant Investor Program (EB-5) wasounded in 1990 to encourage the investment o or-eign capital into the American economy. This pro-gram makes it possible or an investor and his/her im-
mediate amily (spouse and unmarried children under21 years o age) to obtain permanent residence in theUnited States by either investing in the creation o abusiness or in the development o an existing enter-prise in the United States.
The basic amount required to invest isUS$1 million, although that amount is reduced toUS$500,000 i the investment is made in a rural orhigh unemployment area. O the approximately10,000 EB-5 green cards available each year, 3,000 arespecically reserved or oreign nationals who investthrough a Regional Center (RC). A Regional Cen-ter is a private enterprise or a regional governmentagency with a targeted investment program within adened geographic region. In the United States, over
98 percent o immigration investment is conductedthrough USCIS approved RCs.
The EB-5 Regional Center Program is ideal orthe typical Chinese investor because o the 1) secu-rity that USCIS approval oers a potential investor,2) the benet o indirect employment creation thathelps an EB-5 investor in meeting the job creation
requirement, and 3) the passive investment nature othe investor in a limited partnership role.An investment through an RC program allevi-
ates the burdensome job-creation requirement. TheRC program removes the 10 direct-employee require-ment o the traditional EB-5 program and substitutesa less-restrictive indirect employment creation. Theinvestor satises the requirement by presenting evi-dence that the project will create 10 new jobs withinthe RC economy as a result o the proposed project.This is done by using USCIS approved economicanalysis o the impact o the project on a specic area.
The role o the limited partner also satisesthe management requirement imposed by ederal law,while simultaneously permitting the EB-5 investor
to make a passive investment. As a limited partner,the investor has limited policy-making involvement,yet no business making or day-to-day managementauthority. Thus, or the vast majority o immigrantinvestors not interested in day-to-day or active man-agement o a business, RC programs oer the mostattractive option. This orm o business structure also
protects the investor, as the investor is generally onlyliable to the extent o the amount o their investment.Another signicant advantage o the RC pro-
gram is the investor is not required to live in the placeo investment. He or she can live wherever he/shewishes in the United States. For example, the investormay invest in a RC in Washington state but choose tolive in Caliornia.
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the General eB-5 Process
The procedure or obtaining an EB-5 Investor GreenCard is relatively straightorward. The investor sub-mits an I-526 application, prepared by an experiencedimmigration attorney, accompanied by tax records,bank statements, income statements, and other sup-
porting documents to prove the legitimacy o thesource o the investment unds. The unds can bethe investors own money or in the orm o a loannot secured by the EB-5 investment, or a git, whichwould allow a parent, or example, to git the unds toa son or daughter. However, the person making thegit must also demonstrate that the unds came roma legitimate source. The investor must also presentevidence, through bank transers and other nancialdocumentation that the invested capital came directlyrom the investor to the EB-5 enterprise.
The approval o the I-526 petition currentlytakes rom 6-9 months or RC cases. Approval orthe granting o a conditional Green Card can take an-other 6-9 months whether the investor is still in his/
her native country or whether the investor is alreadyin the United States. Contrary to popular belie, theprocessing and approval times or conditional GreenCards do not dier much, i at all, between consularprocessing in Guangzhou, China versus seeking ad-
justment o status in the United States.Once the USCIS approves the investors GreenCard, it is conditional or two years. ConditionalGreen Card status coners the same rights as the per-manent unconditional Green Card. About 21 monthsater the Conditional Green card has been approved,the investor must reconrm that the investment hasbeen made or is still in place and that the employmentrequirement has been ullled or maintained. An ap-plication to remove the conditions o the Green Card(I-829 petition) will be led with the USCIS. Oncethe conditions have been removed, an unconditionalGreen Card is granted or permanent resident statusin the United States. From the time o applicationor the conditional Green Card until approval o the
Removal o Conditions, is approximately 4 years. U.S.Citizenship is possible about two and a hal yearslater (a total o ve years ater approval o the con-ditional Green Card), upon satisaction o U.S. resi-dency requirements.
The above summary o the EB-5 RC Program should not beconsidered as legal advice or a complete description o theprogram. Times noted to complete the approval process areapproximations and the time required to complete the process aredependent on each individuals specifc circumstances.
EB-5
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EB-5
EB-5 EB-5
retain lee & lee, Ps For your eB-5 aPPlication
Although the procedure or the EB-5 applicationis relatively straightorward, the preparation osubstantiating documentation is not, especiallyor investors who come rom China. In China,the tax system is relatively new and unsophisti-
cated. Most investors either do not pay any taxesor pay very low taxes. The banking system andculture is also very dierent to those ound in theWest. As a result, it can be very challenging togather and submit the necessary nancial docu-ments to prove to the USCIS that an investorsinvestment unds came rom a legitimate source.
With Lee & Lee, PS, you will have expe-rienced EB-5 attorneys working hard on yourbehal to compile all o the required documenta-tion so that your EB-5 application process goesas smoothly as possible. At Lee & Lee, PS, wetake a conservative approach to preparing eachEB-5 application, taking great care to workclosely with investor clients and/or their agents
to present the best application package possible.Unlike many other law rms, we do not cut cor-ners just to expedite a clients application.
The attorneys at Lee & Lee, PS have spentyears building their EB-5 expertise and educat-
ing themselves on the complexities o the USCISapplication review process. Attorneys at Lee &Lee, PS are constantly researching court deci-sions, USCIS policies and guidelines, consultingwith ormer USCIS agents and even reviewingUSCIS internal training manuals to providetheir clients with the best possible representa-tion. They have also spent years building theirtop-rated reputations in the legal community.
At Lee & Lee, PS, we dont make emptypromises we deliver results!
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206.458.6986 206.458.6816 [email protected]
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Kirk C. Davis,
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(Princeton University), 2003(GeorgetownUniversity Law Center) 2010, DCCrowell & Moring, , , , , , ,
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206.458.6986 206.458.6816 [email protected]
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English translation on ollowing pages.
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206.458.6986 206.458.6816 [email protected]
206.458.6986 206.458.6816 [email protected]
our team
Nelson Kao Hwa Lee,
Partner
Nelson K. H. Lee is a partner in Lee& Lee, PS. Mr. Lee is a ormer SeniorDeputy Prosecutor with the KingCounty Prosecuting Attorneys Oce,with over 100 cases tried successully
beore a jury during his 17-year careerthere. In 2010, ater a long and ulllingstint in the public sector, Mr. Lee letthe Prosecutors Oce to start his ownpractice. His goal was to create a rmthat would provide legal services tohis community in particular, under-served immigrants and other diverseclients in the private sector. Mr. Leehas strong personal and proessionalties to the Pacic Northwests Asian
community; he is fuent in Mandarinand Japanese, and has been workingwith members o the United StatesCongress in an attempt to improve thecurrent United States immigrationpolicies and guidelines.
At the invitation o immigrationagencies, business associations, and pri-vate individuals, Mr. Lee has presentednumerous seminars in both various cit-ies o China, including Beijing, Shang-
hai, Qingdao, Urumqi, Hangzhou,Zhengzhou and other places in theUnited States on the topic o the EB-5law. His mission is to educate prospec-tive immigrant investors o both thepositives and negatives o the EB-5 lawand to caution them about the preva-lent raud, conusion and misinorma-tion concerning the law and the variousdevelopment projects. Mr. Lee devoteshis time and energy to ensuring that all
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prospective investors ully understandthe many complex issues surroundingthe EB-5 law and development projects.
Mr. Lee rmly believes that alawyer must be independent rom an
EB-5 development project in order toully represent the interests o the im-migrant investor client. A lawyer can-not represent the immigrant investorclients best interests when he is alsoemployed by or otherwise compen-sated by a development project; rep-resentation o both results in a directconfict o interest.
Lee & Lee, PS has no associationwith any EB-5 development project.The rm receives absolutely no com-pensation or reerring prospectiveclients to EB-5 development projects.Similarly, the rm also pays no com-pensation to EB-5 projects that reer
immigrant investor clients to its law-yers. Lee & Lee, PS takes pride in re-maining completely independent romall EB-5 projects.
Mr. Lee is a member o theAmerican Immigration Lawyers Asso-ciation (AILA). He works closely withthat organization to educate other im-migration lawyers about current de-velopments in EB-5 law and to shareinormation about specic proceduraland administrative issues. Throughthe consulting process with memberso the United States Congress, Mr. Leeurges changes in the EB-5 law that willmake the application process moretransparent, predictable, and uniorm.
Professional Titles
EB-5 Legal Consultant to UnitedStates Congressman
President, Hong Kong Associationo Washington Foundation
Part-time judge, City o Lake ForestPark
Part-time judge, City o FederalWay
Past President, Asian Bar Associa-tion o Washington
Former Senior Prosecutor (Homi-cide Bureau), Seattle, Washington
Proessor o Law University oWashington
Proessor o Law - SeattleUniversity
Lecturer King County Law En-orcement Personnel Conerence
Legal Advisor, National Associationo Asian American Proessionals
Legal Advisor, Seniors In Action
Former Chairman, City o LakeForest Park Human Services
Commission
Instructor King County (Seattle)Law Enorcement Personnel
Representative Awards, Honors and
Speaking Engagements
Top 40 Lawyers Under 40 Na-tional Asian Pacic American BarAssociation
Rising Star o the WashingtonState Bar SuperLawyers
Rated a 10 (Superb) by onlinelawyer reerral service,www.avvo.vom
Bethany Mito Lee, Partner
Bethany Mito Lee is a partner in
Lee & Lee, PS. She graduated in 2000rom Princeton University summa cumlaude and rom Georgetown UniversityLaw Center in 2003. Prior to ound-ing the rm with Nelson K.H. Leein 2010, she practiced in Washington,D.C. with Crowell & Moring LLP asa counsel in the antitrust group. Ms.Mito Lee has ocused on litigation andcounseling throughout her legal career,advising clients rom a broad range oindustries, including but not limitedto the health care, technology, govern-ment contracts, telecommunications,energy and transportation industries.In addition, she has served as pro bono
counsel in asylum and tracking casesinvolving complex immigration issues.Ms. Mito Lee is admitted to practicein Washington, Maryland and the Dis-trict o Columbia.
Christopher Anderson,
Associate
Christopher Anderson is an as-sociate at Lee & Lee, PS. Mr. Ander-son has extensive litigation experience,which he developed while working inthe King County Prosecutor's Ocerom 1999 through 2010. In the lastve years, Mr. Anderson has tried over40 cases beore a jury. Most recently,Mr. Anderson was a deputy prosecut-ing attorney in King County's ComplexProsecutions and Investigations Divi-sion (CPI), where he handled a varietyo complex raud investigations andprosecutions, including but not lim-ited to insurance raud, white-collarcrimes, cyberspace crimes, identitythet and nancial exploitation o theelderly. Prior to pursuing his legal ca-reer, Mr. Anderson served his countryas a member o the Marine Corps 3rd
Tank Battalion in Operations DesertShield and Desert Storm. Mr. An-derson was part o the task orce thatbreached the mine elds outside oKuwait and spearheaded the oensive
to liberate Kuwait city rom the Re-publican Guard. He and his tank crewwere awarded several commendationsor valor in combat.
Mr. Anderson has traveledthroughout China as a lecturer onEB-5 law. He has taught many semi-nars on the EB-5 application proce-dures. He has been working on EB-5and other immigration cases or overyears. Through his hard work anddetermination, he has helped manyclients immigrate to the United States.Clients oten comment on their appre-ciation o Mr. Andersons personal at-tention, dedication and understanding
while working on their cases.Mr. Anderson works closely with
other immigration lawyers to shareinormation and experiences aboutEB-5 cases in order to maximize hisunderstanding o the complicated andunpredictable review process and tomaximize the success rate o his clientsapplications. He regularly studies re-views and ocial reports o EB-5 proj-ects to amiliarize himsel with thosethat have complaints led against themand those that seem to be associatedwith large numbers o clients who aredenied their I-526 petitions and/ortheir green cards.
Sara Wang, Associate
Sara Wang is an associate at Lee &Lee, PS. Her practice ocuses primar-ily on personal injury, criminal, andEB-5 immigration. Prior to joiningLee & Lee, PS, Ms. Wang both in-terned and worked at the King CountyProsecuting Attorney's Oce or sixyears where she grew amiliar with thecriminal justice process and procedures.Between 2005-2008, Ms. Wang spenttime abroad in Shanghai, China in the
elds o media and employment law.And in 2009, Ms. Wang interned orthe Appleseed Center, one o the na-tion's largest legal pro bono networks,and traveled to New Orleans to workon post-Katrina employment-relatedlegal issues.
Both prior and ater becoming anassociate at Lee & Lee, PS, Ms. Wanghas prepared numerous EB-5 applica-tions, expertly crating each or sub-mission to the USCIS. She is also theprimary liaison between Lee & Lee, PSand the numerous immigration agen-cies that have been retained by immi-
grant investor clients always workinghard on behal o our clients to ensure asuccessul EB-5 application experience.Ms. Wang is also the author o a pres-ent day case study o EB-5 investment
visa trend in China, the AmericanDream: The High Risk Investment?In addition to application management,Ms. Wang requently travels with Mr.Lee and Mr. Anderson overseas to hostEB-5 seminars and other speakingengagements. Together with Mr. Leeor Mr. Anderson, Ms. Wang regularlycommunicates by phone or Skype withimmigration agents and/or clients tooer advice on each clients application.Recognizing that each client has his orher own unique set o circumstancesor issues, Ms. Wang and the otherlawyers at Lee & Lee, PS work hard totailor each application to the needs and
challenges o each specic client. Thisindividualized attention is the onlyway to maximize chances o a success-ul EB-5 application.
Ms. Wang graduated with dis-tinction rom University o Washing-ton while receiving dual degrees inPsychology and Law, Society & Justice.She then attended and received her
Juris Doctor rom Seattle UniversitySchool o Law.
Ms. Wang is fuent in Mandarinand can read and write both Tradition-al and Simplied Chinese.
Emily Hsu, Legal Clerk andResearch Assistant
Emily Hsu was born and raised inTaipei, Taiwan. She graduated romNational Taiwan University with anundergraduate degree in Political Sci-ence. She later attended the Universityo Caliornia, Santa Barbara where sheobtained her Masters degree in Inter-national Relations in 2011. Followinggraduation, she moved to Seattle withher husband, a Microsot engineer, andstarted working or Lee & Lee, PS. Ms.Hsu is fuent in Mandarin Chinese
(both Traditional and Simplied.)At Lee & Lee, PS, Ms. Hsu
works closely with clients to help gath-er important documents or their EB-5applications. She also coordinates hereorts with immigration agencies inChina to help ensure that each applica-tion is thoroughly prepared and com-plete. Ms. Hsu has spent many hoursputting together successul EB-5 ap-plications on behal o clients. She alsotranslates important documents andserves as interpreter or the attorneysat Lee & Lee, PS.
EB-5EB-5Dr. Antonio Sanchez,
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L & L, PS
206.458.6986
206 458 6816
l dl
1001 4th avenue, suite 2388seattle, washington 98154