EMAIL DETAILS

Hi Kevin –


Please find an engagement letter for this matter attached. In order to get the ball rolling, we will need to start pulling together the following documents from the US entity, the Parent company, and Mr. Ye. We would be happy to assist with the drafting of the letters of support referenced below. Please don’t hesitate to let me know if you have any questions.


Thanks,

Rachel


Documents from the US Company:

- Copy of U.S. entity organizational documents, tax registration, and current bank statements

- Copy of wire transfers, bank documents, evidencing creation of US entity and funds being dedicated to US entity from Parent company (including bank statements from both entities to establish path of funds)

- Copy of the US entity’s business plan

- US entity’s organizational chart including position titles, salaries and required education levels for each position – copies of job advertisements for any open positions

- Copies of resumes and type of immigration status for all staff currently employed

- Position description for Mr. Ye’s role with the US entity and list of specific day-to-day duties and percentage of time dedicated to each duty

- Employment contract with US entity evidencing appointment to position

- Letter of support from US entity explaining business, needs for applicant, and one year plan to support need for business

- Proof of efforts undertaken in the United States including new contracts with company customers, copies of lease or office space purchase, furniture rental contracts, proof of membership in state or local chambers of commerce, registration at any upcoming US conferences, or press articles referencing the US company.


Documents from the Parent Company:

- Copy of the foreign entity’s organizational documents and tax records from FY 15-17

- Employment verification letter for beneficiary from Parent company that describes Mr. Ye’s executive and managerial duties, including specific examples of those decisions, how Mr. Ye directed the management of the organization, how he supervised and controlled the work of his subordinates who were also supervisory/managerial level employees, authority to take personnel action and hire and fire, and how the beneficiary established the goals and policies of the organization, and the type of oversight/direction he received from his superiors during the course of his employment.

- An original letter from the Parent company explaining the need for the new office in the United States, including the proposed number of employees and the types of positions they will hold; the amount of the US investment; and the financial ability of the foreign company to pay the beneficiary and commence doing business I the United States. This letter should also explain how the proposed business venture will, within one year, support this position and continued employment of all subordinates.

- Summary of Mr. Ye’s current role with the Parent company including specific day-to-day duties that Mr. Ye performs abroad to include the time dedicated to each duty for applicant

- Payroll documents from Parent company for Mr. Ye’s current position

- Payroll documents for Mr. Ye’s immediate subordinates


Documents from Mr. Ye:

- Copy of Mr. Ye’s educational documents - degrees

- Copy of Mr. Ye’s resume

- Copy of biometric passport page for Mr. Ye, his spouse, and derivative children

- Marriage certificate and birth certificates for wife and children

- Copies of all previously issues US Visas


Rachel Winkler

202-807-8011

Senior Counsel

Frontier Solutions

www.frsdc.com


From: John Sandweg <john.sandweg@frsdc.com>
Date: Saturday, September 16, 2017 at 5:11 PM
To: Gongwen Dong <gongwen.dong@gmail.com>
Cc: Sara Biden <sbiden@lionhallgp.com>, Mervyn Yan <mervyn.yan@gmail.com>, Robert Biden <rhbdc@me.com>, Rachel Winkler <rachel.winkler@frsdc.com>
Subject: Re: John Sandweg bio -- immigration attorney


Kevin-


Sounds good and we agree that Option 1 makes the most sense.


Rachel will send along a comprehensive list of the documents and other information that we will need to put together the petition. We will get that list over to you ASAP so your team can begin assembling the records.


Look forward to working with you on this.


JS


Sent from my iPhone


On Sep 16, 2017, at 5:44 PM, Gongwen Dong <gongwen.dong@gmail.com> wrote:

John, thanks so much. I talked to the chairman and they opt for option 1. Option 1 seems to be the easiest way. Please let me know next steps- what documents we need to prepare etc. They want to start immediately. Thanks.

Sent from my iPhone


On Sep 16, 2017, at 11:39 AM, John Sandweg <john.sandweg@frsdc.com> wrote:

Kevin-


Following up on our conversation, below are a few options for the Chairman and his family. As you will see, there are a few different options, each with their own pros and cons.


There may be additional options available, however, these are some of the better options based on the facts as we understand them now.


L Visa – Chairman, Spouse, and Children

We understand that CEFC has initiated the creation of a subsidiary company in the United States. The Chairman may seek a temporary non-immigrant L visa for an initial one year period based upon that new entity, and that visa may be extended for up to 7 years. This visa would extend to his spouse and children. As you know, an L visa allows US companies affiliated with businesses abroad to sponsor managers, executives, or individuals with specialized knowledge to support the subsidiary’s efforts in the United States provided they have worked for the foreign subsidiary for at least one year (within the past 3 years).


L Visa – Chairman's Wife

We understand that CEFC may also have employed the Chairman's wife. It may be possible for the Chairman's wife to secure her own L visa as an executive or manager of CEFC rather than secure an L visa through the Chairman. If eligible, this would allow her to remain in the US for the initial one year period without requiring the Chairman to secure an L visa (he could continue to visit the US on his B1/B2). This visa would also extend to the children if so desired.


The Chairman's wife's eligibility will depend on our ability to demonstrate that she has been employed by CEFC in China for at least one year and serves in an executive or managerial capacity for the company. In order to demonstrate this, we will need to provide DHS with a variety of documents, including pay stubs and a position description.


B1 Domestic Employee Visa – Staff

While the family resides in the United States on L visas, their domestic staff members can seek a specialized B1 visa for domestic help. This specialized B1 visa provides the domestic employees with work authorizations which allows them to work in the United States for renewable periods of six months. While these staff members would need to extend this work authorization every six months, they generally will be authorized to stay for the duration of the family’s L visa stay.


B2 Visa – Mother and Mother-in-law

The Chairman’s mother and mother-in-law have more limited options available to stay in the United States long-term. Unfortunately, only US Citizens are able to sponsor adult parents for any type of immigrant status. Depending on their experience and education levels, we could explore options for having the US company sponsor them for an L or H visa requiring specialized knowledge. However, absent the requisite experience, his mother and mother-in-law could continue to remain on B2 Tourist Visas, while keeping strong ties to China through property ownership and regular trips abroad to address any issues with border authorities. While we can extend their status in the United States for up to one year, it is generally not advisable to stay more than six months at a time, and repeated entries and six month stays in the US could lead to entry denials by border authorities.


We will need to discuss their background with you further to identify whether there are any other options available to them. For example, although slow, EB-5 may be a possibility for them among other options. Unfortunately, however, absent clear ties to CEFC or a close family relationship with a US Citizen, their options are limited.


Permanent Residency/Green Card – Chairman, Spouse and Children

If the Chairman is seeking a more long-term, permanent residency in the United States for himself and his family that would lead to citizenship, he could immediately seek permanent residency as an Alien of Extraordinary Ability in the first preference category for aliens of extra-ordinary ability based upon his business portfolio and international profile (EB-1). This option carries significant tax implications, but after a period of five years with his green card, he and his wife and children could apply for US Citizenship. Upon becoming citizens, they could then seek to sponsor their adult parents.


Although this process is also lengthy, it is much less cumbersome than the EB-5 process. We would be happy to discuss this option further as well.


On Fri, Sep 15, 2017 at 9:08 AM, Gongwen Dong <gongwen.dong@gmail.com> wrote:

How about 10am EST today? If it's not convenient for you, other time works for me as well.

Sent from my iPhone


On Sep 15, 2017, at 3:05 AM, John Sandweg <john.sandweg@frsdc.com> wrote:

Kevin-


Apologies for the delayed response, I was stuck on an endless flights yesterday without access to wifi.


Very good to hear about the current visa situation. Additionally, the fact that the Chef and the Mother in Law have not previously applied for a visa. At a minimum, this will make it easier for us to secure them B1/B2 visas, although other visas will be better to solve the long term issues.


Are you available to jump on the phone today to discuss the strategy? I am in Frankfurt for some meetings, but can make myself available at a time convenient to you.


JS


On Thu, Sep 14, 2017 at 8:41 AM, Gongwen Dong <gongwen.dong@gmail.com> wrote:

Hi John, as a follow up to our call yesterday, the two persons in Shanghai didn't apply B1/B2 visa in the past. To summarize the situation:


1) Liqiong Wu and Yikun Ye (chairman's wife and daughter): have B1/B2 and they are currently in NYC


2) Junkun Ye (chairman's son): has F1 visa. So there is no problem.


3) Rongyu Qiu (chairman's mother): has B1/B2 and currently in NYC


4) Lizhen Yao (nanny): has B1/B2 and currently in NYC


5) Yumei Guan (chairman's mother-in-law): no visa, and didn't apply in the past. Currently in Shanghai


6) Zhenlong Qiu (chef): no visa, and didn't apply in the past. Currently in Shanghai


Chairman's intention is to apply long-term visa for the above people except Junkun Ye who as F1 visa. Please advise what's your strategy. I'm generally available for a call today. Thanks.


Kevin


On Thu, Sep 14, 2017 at 12:25 AM, John Sandweg <john.sandweg@frsdc.com> wrote:

Kevin-


Feel free to call now if that works. I am available on my land line at 202-888-2355 or on my cell at 202-754-2303.


On Wed, Sep 13, 2017 at 9:17 AM, Gongwen Dong <gongwen.dong@gmail.com> wrote:

Sara, many thanks for the introduction!


John, pleasure to meet you by email. When is a good time for a call?


Kevin


On Wed, Sep 13, 2017 at 11:36 AM, Sara Biden <sbiden@lionhallgp.com> wrote:

John, meet Kevin (Gongwen) and Melvyn, representatives of the Chairman of CEFC in the U.S. Pretty sure you know Hunter!


Below is contact information for each of you so you can interface directly. Let me know if you need any further facilitation.


Sara


John Sandweg

202 754-2303 direct cell

john.sandweg@frsdc.com


Gongwen Dong (Kevin)

516-713-6006 direct cell

gongwen.dong@gmail.com


Mervyn Yan

917-402-0017 direct cell

mervyn.yan@gmail.com


Their NYC office is located at


40 West 57th Street

16th Floor

New York, NY 10019


On Sep 12, 2017, at 10:41 PM, Gongwen Dong <gongwen.dong@gmail.com> wrote:


Yes please. Thanks.

发自我的 iPhone


在 2017年9月12日，下午12:02，Sara Biden <sbiden@lionhallgp.com> 写道：

Kevin and Mervyn,


below is the link to the bio of John Sandweg, the visa/immigration expert that Jim recommended and has been interfacing with re the Zang/Chen visas. Jim mentioned that the Chairman is in need of similar services. Would you like me to put you in direct touch with Mr. Sandweg? He is in private practice now and is heard of his own firm, Frontier Solutions.


http://www.frsdc.com/john-sandweg/


JOHN SANDWEG
John R. Sandweg previously served as the Acting Director of U.S. Immigration and Customs Enforcement and as the Acting General Counsel of the Department of Homeland Security.

As the Acting Director, Mr. Sandweg led approximately 20,000 employees in every state and 47 countries in the agency's mission to enhance public safety and border security through the enforcement of federal border control, customs, trade and immigration laws. While at ICE, Mr. Sandweg prioritized ICE’s intellectual property enforcement and cybersecurity efforts and worked to improve statistical transparency regarding immigration enforcement.

As the Acting General Counsel, Mr. Sandweg served as the chief legal officer for the Department, advising the Secretary and the Department’s senior leadership on all significant legal, policy, and operational issues and overseeing more than 1,800 lawyers in the Department’s headquarters and operating components. Mr. Sandweg played an instrumental role in Departmental policies, programs, and legislative efforts, including the Deferred Action for Childhood Arrivals program, pre-clearance operations, customs compliance and export controls, cybersecurity, and the SAFETY Act.

Prior to his service as Acting General Counsel, Mr. Sandweg served as Counselor at the Department of Homeland Security where he provided strategic advice and counsel on operational and policy direction and was a principal architect of the Department’s immigration, border security, and law enforcement policy. Mr. Sandweg is a recognized expert, frequently quoted in the New York Times, Associated Press, Los Angeles Times, NPR, and many other publications.

Prior to his service at the Department of Homeland Security, Mr. Sandweg was an attorney in private practice.


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John Sandweg

202-754-2303 (C)

202-754-2891 (O)

John.Sandweg@frsdc.com


The information contained in this electronic mail transmission is intended by Frontier Solutions solely for the use of the individual or entity to whom/which it is addressed. This e-mail may also contain confidential and privileged information and/or attorney work product. This information is only for the intended recipient. If you have received this email in error please notify the system manager. If you are not the named addressee and intended recipient you may not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received it by mistake and delete it from your system. If you are not the intended recipient you are hereby notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.


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<CBA68676-DE21-4E21-AE0D-D383161180C7[6].jpg>

John Sandweg

202-754-2303 (C)

202-754-2891 (O)

John.Sandweg@frsdc.com


The information contained in this electronic mail transmission is intended by Frontier Solutions solely for the use of the individual or entity to whom/which it is addressed. This e-mail may also contain confidential and privileged information and/or attorney work product. This information is only for the intended recipient. If you have received this email in error please notify the system manager. If you are not the named addressee and intended recipient you may not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received it by mistake and delete it from your system. If you are not the intended recipient you are hereby notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.


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_ _

<CBA68676-DE21-4E21-AE0D-D383161180C7[6].jpg>

John Sandweg

202-754-2303 (C)

202-754-2891 (O)

John.Sandweg@frsdc.com


The information contained in this electronic mail transmission is intended by Frontier Solutions solely for the use of the individual or entity to whom/which it is addressed. This e-mail may also contain confidential and privileged information and/or attorney work product. This information is only for the intended recipient. If you have received this email in error please notify the system manager. If you are not the named addressee and intended recipient you may not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received it by mistake and delete it from your system. If you are not the intended recipient you are hereby notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.