Phuong Le
Phuong Le
Phuong Le

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Biography

Phuong Le is a Partner with David Hirson & Partners, LLP’s dedicated EB-5 practice group. He draws upon an extensive background advising parties on all sides of EB-5 transactions, including Regional Centers, project developers, agents, and investors. Prior to joining the firm, he was in-house counsel for a large Southern California EB-5 Regional Center and real estate developer. There, he managed over $500 million in EB-5 financing and guided the company to several milestones, including approvals for their first 100 I-829 petitions.

His clients span the entire industry. He has successfully advised Regional Centers and businesses across the U.S. on over $2 billion in EB-5 deals, including commercial real estate developments, multifamily apartment buildings, charter schools, hotels, medical office buildings, and restaurant franchises.

Phuong works closely with businesses throughout the EB-5 financing process, including structuring debt/equity EB-5 offerings as part of a diversified capital stack, and coordinating complex review and structuring with securities attorneys, economists, business plan writers, and escrow banks.

He regularly consults businesses on forming and managing their own Regional Centers, including filing annual I-924A compliance reports, and creating Forms I-526 and I-829 templates to ensure Regional Centers and investors have consistent work product, including peer review of other attorneys’ EB-5 filings. He also lectures and trains other attorneys, migration agents, and professionals on EB-5 project structure and due diligence.

Phuong also oversees the firm’s Vietnamese practice group and has hosted a weekly immigration TV special to serve the Vietnamese community in Orange County, CA. He regularly travels to Vietnam where he works closely with the firm’s business partners, agents, and investors. Finally, he also frequently shares his knowledge regarding project structuring, source of funds, and complex EB-5 matters with the industry as a lecturer, author, and as co-counsel/peer review for other EB-5 attorneys.

Past representative EB-5 financing matters include:
  • I-924 exemplar approval for $50 million EB-5 offering for a 300+ unit apartment complex in Southern California
  • $180 million in debt/equity EB-5 financing for 400,000 square foot mixed-use commercial real estate development in Orange County
  • EB-5/L-1 financing raises for multiple franchise and QSR restaurants

Education

  • University of California, Hastings College of the Law, San Francisco, California
    • J.D.
  • University of California, Irvine
    • B.A.
    • Major: Philosophy
    • Major: Criminology, Law, & Society

Classes & Seminars

  • Co-Lecturer, “Counseling Business Clients,” Western State College of Law, 2016 to 2016
  • Speaker/Panelist, “EB-5 at a Quarter-Century: Myths, Facts, and a Look Forward” (CLE Breakout Session), National Convention, National Asian Pacific American Bar Association, 2016 to 2016
  • Moderator, “Migration Agents: An Inside Look on the Growth Spurt of the Vietnamese Market: Trouble Shooting, What is Working & What is Not, How Can U.S. Projects Approach Vietnamese Agents, & Growing Pains”, EB-5 Investors Magazine – Ho Chi Minh City EB-5 Delegation, 2017 to 2017
  • Speaker, “Baker Tilly Capital’s 2018 Ho Chi Minh EB-5 Seminar”, Baker Tilly Capital, LLC, 2018 to 2018
  • Speaker, “American Resettlement and the EB-5 Program”, EB-5 Investors Magazine, Ho Chi Minh City EB-5 Expo, 2018 to 2018
  • Moderator, “Preparing for Changes in EB-5”, EB-5 Investors Magazine, Ho Chi Minh City EB-5 Expo , 2018 to 2018
  • Speaker, “ILW’s 2018 Hanoi EB-5 Expo” ILW, Immigration Law Weekly, 2018 to 2018
  • Co-Lecturer, “Counseling Business Clients”, Western State College of Law, 2018 to 2018
  • Speaker, “EB-5 Legislation and Vietnam Retrogression Update: Pitfalls for Investors Waiting in Retrogression: Obtaining Visitor and Student Visas while Waiting; Maintaining Student Visa Status Properly; Effect of New Memorandums from Trump Administration for Investors in Backlog”, EB-5 Investors Magazine – Fall EB-5 Expo Ho Chi Minh City, 2018 to 2018
  • Speaker, “When Things Go Wrong [with EB-5 Projects]” Faith Pincus’ EB-5 Investor-Based Business Immigration Conference – Downtown Los Angeles, 2018 to 2018
  • Speaker, “Challenges & Considerations in Selecting an EB-5 Project” EB-5 Webinar, Texas Regional Center and David Hirson & Partners, LLP, 2018 to 2018
  • Speaker, “Doing Business in Asia”, Asian Pacific CPA Association Annual Gala, 2018 to 2018
  • Speaker, “Complexities of Retrogression: Examining the Factors that Play into Adjudicating Cases, Processing Times, and the Effects”, EB-5 Investors Magazine – EB-5 & Uglobal Immigration Expo Ho Chi Minh City, 2019 to 2019
  • Speaker, “How to Market to and Find Investors Already in the U.S.: E-2 and EB-5 and Other Visa Backlog Solutions”, IIUSA – 12th Annual EB-5 Advocacy Conference – Washington DC, 2019 to 2019
  • Speaker, Behring Regional Center’s EB-5 Innovation Summit – San Ramon, CA, 2019 to 2019

Published Works

  • Co-Author, “The Evolving Role of EB-5 Counsel – Considerations for Multi-Party Representation in EB-5 Deals” (English; Vietnamese) by Nima Korpivaara, Esq. & Phuong N. Le, Esq. NES Financial’s ebook, Navigating a Changing EB-5 Sector: Insights from Experts, 2016
  • Author, “Recap of the 2016 Ho Chi Minh EB-5 Delegation” by Phuong Le. EB-5 Investors Magazine, Volume 4, Issue 1, 2016
  • Co-Author, “Bridging the Gap Between Investors and Projects: Five Considerations for Structuring EB-5 Deals” by Nima Korpivaara, Esq. & Phuong N. Le, Esq. Trade & Invest In America |The EB-5 Gateway, 2017
  • Co-Author, “EB-5 Bridge Financing: A Study of Market-Driven Applications & Definitions” by David Hirson, Nima Korpivaara, & Phuong Le. IIUSA Regional Center Business Journal, Volume 6, Issue 1, 2018
  • Co-Author, “Keys to a Successful Partnership Between U.S. Law Firms and Vietnamese Migration Agencies” by Phuong Le & An Nguyen. EB-5 Investors Magazine – Vietnamese Edition, Volume 1, Issue 1, 2018
  • Co-Author, “EB-5 Bridge Financing: A Study of Market-Driven Applications & Definitions” by David Hirson, Nima Korpivaara, & Phuong Le. CITINAV, Volume 6, Issue 1, 2019
  • Co-Author, “Practical Steps for Investors in Traditional & Emerging Markets Considering Regional Center Versus Direct EB-5 Investments” by Phuong Le, Aaron Goforth, & Osvaldo Torres. EB-5 Investors Magazine – Vietnamese Edition, Volume 1, Issue 1, 2018

Professional Associations

  • American Bar Association, Advisory Panel, 2012 to 2014
  • Association to Invest in the USA, Best Practices Committee, Member, 2014 to 2015
  • American Immigration Lawyers Association (AILA)
  • Asian Pacific American Bar Association (APABA)
  • Southern California Chinese Lawyers Association (SCCLA)
  • Orange County Asian American Bar Association
  • Vietnamese American Bar Association of Southern California (VABASC)
  • National Asian Pacific American Bar Association (NAPABA)
  • Orange County Hispanic Bar Association (OCHBA)

Practice Areas

  • Immigration

Bar Admissions

  • California
  • U.S. Court of Appeals 9th Circuit