Subject: Re: John Sandweg bio -- immigration attorney
From: "Gongwen Dong" <[email-masked]>
To: "Rachel.Winkler" <[email-masked]>
Cc: "John Sandweg" <[email-masked]>, "Sara Biden" <[email-masked]>, "Mervyn Yan" <[email-masked]>, "Robert Biden" <[email-masked]>
Date: Wed, 20 Sep 2017 08:33:55 +0800

Please find attached signed engagement letter. In the meantime we have
started to collect necessary documents.

Kevin

On Mon, Sep 18, 2017 at 6:29 AM, Rachel.Winkler <[email-masked]>
wrote:

> 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 <(202)%20807-8011>
>
> Senior Counsel
>
> Frontier Solutions
>
> www.frsdc.com
>
>
>
>
>
>
>
> *From: *John Sandweg <[email-masked]>
> *Date: *Saturday, September 16, 2017 at 5:11 PM
> *To: *Gongwen Dong <[email-masked]>
> *Cc: *Sara Biden <[email-masked]>, Mervyn Yan <[email-masked]>,
> Robert Biden <[email-masked]>, Rachel Winkler <[email-masked]>
> *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 <[email-masked]> 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 <[email-masked]> 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 <[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 <(202)%20754-2303> (C)
>
> 202-754-2891 <(202)%20754-2891> (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 <(202)%20754-2303> (C)
>
> 202-754-2891 <(202)%20754-2891> (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 <(202)%20754-2303> (C)
>
> 202-754-2891 <(202)%20754-2891> (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.
>