Subject: Re: John Sandweg bio -- immigration attorney
From: "John Sandweg" <[email-masked]>
To: "Gongwen Dong" <[email-masked]>
Cc: "Sara Biden" <[email-masked]>, "Mervyn Yan" <[email-masked]>, "Robert Biden" <[email-masked]>, "Rachel Winkler" <[email-masked]>
Date: Sat, 16 Sep 2017 11:39:14 -0400

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 <[email-masked]>
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 <[email-masked]> 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 <[email-masked]>
> 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 <[email-masked]>
>> wrote:
>>
>>> Kevin-
>>>
>>> Feel free to call now if that works.  I am available on my land line at
>>> 202-888-2355 <(202)%20888-2355> or on my cell at 202-754-2303
>>> <(202)%20754-2303>.
>>>
>>> On Wed, Sep 13, 2017 at 9:17 AM, Gongwen Dong <[email-masked]>
>>> 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 <[email-masked]>
>>>> 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 <(202)%20754-2303> direct cell
>>>>> [email-masked]
>>>>>
>>>>> Gongwen Dong (Kevin)
>>>>> 516-713-6006 <(516)%20713-6006> direct cell
>>>>> [email-masked]
>>>>>
>>>>> Mervyn Yan
>>>>> 917-402-0017 <(917)%20402-0017> direct cell
>>>>> [email-masked]
>>>>>
>>>>> Their  NYC office is located at
>>>>>
>>>>> 40 West 57th Street
>>>>> <https://maps.google.com/?q=40+West+57th+Street%0D+16th+Floor+%0D+New+York,+NY+10019&entry=gmail&source=g>
>>>>> 16th Floor
>>>>> <https://maps.google.com/?q=40+West+57th+Street%0D+16th+Floor+%0D+New+York,+NY+10019&entry=gmail&source=g>
>>>>> New York, NY 10019
>>>>> <https://maps.google.com/?q=40+West+57th+Street%0D+16th+Floor+%0D+New+York,+NY+10019&entry=gmail&source=g>
>>>>>
>>>>>
>>>>>
>>>>> On Sep 12, 2017, at 10:41 PM, Gongwen Dong <[email-masked]>
>>>>> wrote:
>>>>>
>>>>> Yes please. Thanks.
>>>>>
>>>>> 发自我的 iPhone
>>>>>
>>>>> 在 2017年9月12日，下午12:02，Sara Biden <[email-masked]> 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.
>>>>>
>>>>>
>>>>>
>>>>
>>>
>>>
>>> --
>>> _ _
>>> <CBA68676-DE21-4E21-AE0D-D383161180C7[6].jpg>
>>> John Sandweg
>>> 202-754-2303 (C)
>>> 202-754-2891 (O)
>>> [email-masked]
>>>
>>> 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.
>>>
>>
>>
>
>
> --
> _ _
> <CBA68676-DE21-4E21-AE0D-D383161180C7[6].jpg>
> John Sandweg
> 202-754-2303 (C)
> 202-754-2891 (O)
> [email-masked]
>
> 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.
>
>

-- 
_ _
John Sandweg
202-754-2303 (C)
202-754-2891 (O)
[email-masked]

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