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Proposed EB-5 Legislation

To keep the government running, the Congress has just approved another stopgap continuing resolution, which means that the EB-5 program will remain for most of 2016. However, it has been widely anticipated that legislation in some form will be enacted shortly to renew and reform the Program.

The current EB-5 program, which offers a family-sized set of green cards to foreigners who directly invest $1 million, or invest $500,000 into targeted employment areas (“TEAs”), has been very popular among Chinese investors in recent years.

Under the proposed legislation, once passed, the minimum investment amount in rural and high-unemployment areas would be increased from $500,000 to $800,000. For the investment projects that already had I-924 and I-526 approvals, they will enjoy a 60-day grace period. Thus, if investors submit the application within 30 days of the effective date of the new legislation, the investment amount is $600,000; between the 31st day and the 60th day, the amount is $700,000; and starting the 61st day, the amount will be adjusted to $800,000. Investment to non-TEAs will be adjusted to $1.2 million.

Also, the new legislation will redefine what constitutes the TEA. TEA designation will be tightened up. Further, the new legislation will allot a certain number of visas to different investment categories, such as 2,000 visas for projects in rural areas and 2,000 visas for people who invest $1 million, while the total number of visas remains the same.

Finally the new legislation will require more disclosure regarding how the capital is being utilized, and investors’ source of funds. The current EB-5 program has been under fire when 35 Chinese investors who lost nearly $20 million in South Dakota’s EB-5 program sued the state for fraud.

Although investors can be relieved for now, changes are likely to come. Our firm will monitor closely of any development. Let’s sit tight and wait for what is coming. Please contact us for any EB5 questions.

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Another Criminal Charge against Our Client Is Dismissed

Another serious criminal charge against our client was dismissed. The case, State of Ohio v. Zhou, Case No. CRB 1500169 was before Huron Municipal Court. The Client was charged for sexual imposition, and the story was reported on the front page of the local newspaper.  The offense was allegedly committed in the convention center at Kalahari Resorts in Sandusky, Ohio.

After extensive discovery, it became apparent that our Client was innocent.  He was falsely accused in retaliation for discovering the theft at one of the conference booths at the conference.  We submitted many witnesses’ statements and evidence that were in direct conflict to prosecution’s evidence.  In the end the case was dismissed. The Client was as happy as he could be.

In this case the police were deceived by the false accusations, but in the end the prosecution made the right decision to dismiss the charge against an innocent man.  We were very happy that we were able to save an innocent man from a nasty criminal charge.

We take the cases with merits and diligently work for our clients. Prosecuting or defending, we fight for innocent and/or injured people.  What motivates us to practice law and keeps us going, struggling, if necessary, to secure a final win is the simple idea of justice.

If you need legal representation, please contact us.  The initial consultation is free.

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New Office in Detroit Michigan

We are excited to announce that Lei Jiang Law Firm will open an office in Detroit, Michigan. The office will provide services to our manufacturer clients, handle certain transactional work and federal litigation.  The office is located at the heart of business parks, at 6550 Sims Dr., Sterling Heights.  This is in addition to our main office in the Cleveland area.  We hope to serve our clients better with our new office in Detroit, Michigan.

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Attorney Lei Jiang has been elected to the 2016 Ohio Rising Star

Super Lawyers® congratulates Ms. Jiang to be selected to the 2016 Ohio Rising Stars list, an honor reserved for those lawyers who exhibit excellence in practice.

Ms. Jiang was selected to the Ohio Rising Starts in 2015, in her fifth year of legal practice. Since then, she has continued the pursuit of excellence in the legal profession.  Meanwhile, she regularly provides free legal service to low income people and people who have an English language barrier.

Decisions of many of her cases have been published by various legal media.  Ms. Jiang is also beloved by most of her clients. Clients write thank-you letters to her office regularly.  Some of them even went to Avvo to give her a raving 5 star rating.

Ms. Jiang’s achievement is also recognized by courts in other states.  When she was admitted in Michigan on July 16, 2015, the Fourth Circuit Court commended, on the record, on Ms. Jiang’s impressive work and her devotion to pro bono work and community service.

Ms. Jiang also received many other honors, such as Best Attorneys in America, Avvo Clients Award, and a number of community service awards.  We hope Ms. Jiang will continue to improve and continue to serve the less privileged..

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Lei Jiang Law Firm Obtained Full Settlement on the Eve of Trial

We are proud to announce that we have reached a full settlement for our client in one of our federal cases, Seaway v. Healthcare Information, LLC Case No. 1:13-cv-494.  The case, which is before the U.S. District Court for the Southern District of Ohio, arose from a breach of contract by a Cincinnati-based company.

The case was handled rigorously by the both sides from the very beginning. Parties went through all discovery including depositions. We filed a motion for summary judgement, and the defense filed an opposition. There was no settlement in sight in this nearly two year battle. The trial was scheduled, evidence was gathered, and trial documents were all prepared.  Because of our thorough preparation for the trial, and also because of the weighted evidence against defendant, in the eve of the trial, the defendant finally surrendered to the pressure and agreed to not only compensate Plaintiff for all contract damages, but also Plaintiff’s consequential damages. This result is the best result we can achieve assuming we proceed with the trial with a total victory.

The trial has become a rare business in litigation, but thorough preparation of it will still yield huge dividends. From the client’s perspective, this win is even sweeter than a win after trial – same result with less legal fees! In other words, if the lawyer is effective, she can achieve great success without even going through a trial.

Our passion can be seen from all of the cases that we handle, and our quality can be verified by the results.  If you want justice and results, you need our team on your side.

For legal matters, please contact us.  The initial consultation is free.

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A Successful Motion in the Sixth Circuit

Our firm recently filed a successful motion (motion for stay of removal) with the Sixth Circuit in a case Yu v. Lynch, U.S. Attorney General, Case No. 15-3516. Our motion was thorough in facts and accurate in law.  We also filed all of the necessary supporting documents.  As a result of our motion, the office of U.S. Attorney General conceded to our position and filed a non-opposition to our motion.

The attorneys at our firm are not intimidated by the size of the opponent and the endless resources that the opponent seems to possess.  We believe in the law, in facts, and most importantly, in justice.

This was an immigration case.  Its procedural history also indicated the complexity of this case.  The case had been appealed twice to the Board of Immigration Appeals. Lei Jiang Law Firm was retained for the appeal to the U.S. Court of Appeals for the Sixth Circuit, the 2nd highest court in the nation.

For lawsuits, immigration, or immigration lawsuits, please contact us.  The initial consultation is free.

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Lei Jiang Law Firm Gets Criminal Charges Dismissed

It is our pleasure to share that we have successfully defended yet another client facing criminal charges.  The case, City of Westlake v. Lin, Case No. 14 CRB 1927, was before the Rocky River Municipal Court, and involved a client, a loving family man, who was wrongfully accused of domestic violence.

From the very beginning of the case, we believed in our client’s innocence.  The charge was based on a witness’s 911 report to the police, but this witness’s accounts were not accurate in many aspects, and his credibility was not solid.  There was also questionable conduct by the police.  After our own investigation, thorough preparation, and demonstration of the holes in the prosecution’s case, we were able to force the prosecution to dismiss all charges against our client!

The stakes are high in criminal cases.  An innocent man could be convicted of a crime that he did not do.  In this case, if we did not vigorously and skillfully defend our client, not only could the client be convicted, but he also could be deported.  His wife and three little children might never see him again!

We go the extra mile for our clients, not only because of our sense of duty, but also because of our sense of a higher calling – to do the right thing right now.

If you need legal representation, please contact us.  The initial consultation is free.

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A Successful 15 Million Dollar Merger and Acquisition Deal

Lei Jiang Law Firm is foremost a business and transactional law firm. We routinely close various business deals for our clients.  Most of our deals involve business, real estate, and intellectual property.  A sizable portion of our work involves international deals.  Because of the confidential nature of the deals that we work on, we seldom comment on them.

Recently our firm, working with an out-of-state firm, completed a $15 million dollar merger and acquisition (M&A) deal in Ohio.  This was a private deal involving international parties. Although complex, the closing was on target and relatively smooth.  There were no major issues in the post-merger integration. All of the attorneys involved performed their jobs exceptionally well.

If you have merger and acquisition needs or questions, please contact us.  The initial consultation is free.

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Lei Jiang Law Firm Achieved Victory in Two Felony Cases

Our clients celebrated victories on June 4, 2015 when we successfully negotiated plea agreements allowing our clients to avoid any type of penalty including jail time and fines.  The cases, State of Ohio v. Chen and State of Ohio v. Xue, Case Nos. B 1501866-A and B 1501866-B were both before the Hamilton County Court of Common Pleas in Cincinnati.  Both of our clients were charged with three separate felonies, and each faced at least 18 months in jail and fines of $15,000 if convicted.

We fought hard for our clients from the very beginning by carefully studying the facts, prosecution’s evidence, and the strengths and the weaknesses of both sides.  Our diligence paid off. We were able to explain the cases clearly to the Judge and to negotiate effectively with the prosecutor.  In the end, the deal allowed our clients to plead guilty to only one misdemeanor each in exchange for the prosecution’s dismissal of their six felony charges.  Our clients did not even have to pay any fines or court costs!

At Lei Jiang Law Firm, we are passionate about justice, our work, and our responsibility to our clients.  We work tirelessly to do the right thing and to protect our clients’ interests.  Regardless of whether yours is a criminal or civil case, we are driven to get you the best results that you deserve.

Please contact us for your legal questions. The initial consultation is free.

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Lei Jiang Law Firm Secured Preliminary Injunction to Freeze Defendant’s Asset

On May 7, 2015, Federal Judge John R. Adams of the U.S. District Court for the Northern District granted our motion for a preliminary injunction freezing the assets of a corporate defendant.  In this case, Jieyi Electronics Co., Ltd. et al. v. Case Industries, Inc., et al. Case No. 5:14-CV-1996, we represented two manufacturers who sued their former customer, Case Industries, Inc. and its owners.  Our clients sought to recover over $1.3 million from defendants.  During the lawsuit, we motioned the court to freeze corporate defendant’s bank account and to stop the spending of corporate money by individual defendants.  Based on sufficient evidence, pertinent legal authorities, and convincing arguments, the court granted our motion.

Preliminary injunctions are called “extraordinary remedy.” They are very difficult to apply and rarely granted by courts.  In this case, our attorneys reviewed over a thousand pages of financial documents, carefully followed the money, timely detected all irregularities, prepared a thorough brief and reply, and argued convincingly in the court why this “extraordinary remedy” was the only remedy to reach the just result.  In the end, our efforts paid off, and while the case is not over, our clients now have a much better chance of recovering after the trial.

Excellence is our goal in every case we handle, big or small, prosecution or defense, in federal courts or in state courts.  Top quality and excellent service is our promise.  So, if you need legal service, please contact us. The initial consultation is free.

Click here for the order issued in this case.

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