Sep. 17, 2020
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Sir/Madam, I am Yan Lv, one investor of the Cupertino LP Fund and an Eligible Investor of the Administrative Proceeding File No. 3-19597. I write to comment and inquire further detail on The Notice of the Proposed Plan of Distribution I received on 9/2/2020. 1) It appears that the Proposed Plan does NOT provide a path for me to continue with my EB-5 program, which was the primary objective for investing with the Cupertino LP Fund 4 years ago. Please help us understand what our options are if we wish to stay invested in the Cupertino LP Fund. - I (along with many other Eligible Investors) have expressed to the Commission in writing that I would still very much like to fulfill the original investment objective, which is to receive U.S. residencies via the EB-5 Program. - In order for my EB-5 program to stay compliant, I cannot take possession of the investment capital as the USCIS requires that the capital stay “at-risk”. - I believe that the Commission is aware that a Receiver was appointed by the court as result of the lawsuits filed by a group of Cupertino LP Fund investors against Bethany Liou. Since the investors have spent significant resources (countless hours, legal fees, and mental energy) to secure a Receiver, is there any reason that the Receiver cannot help the affected investors reinvest their capital back to the New Commerce Entity (NCE) and continue with their EB-5 program? 2) It hardly seems fair that the Commission’s Proposed Plan will disregard both the time and efforts we have put into the EB-5 program in the last 4+ years and our desire to continue with the EB-5 program, which, again, is the primary objective of the investment. - If my family is indeed forced to restart our EB-5 program, not only will we be giving up our position in the long Visa/temporary Green Card for which we have spent the last 4-5 years but also be going back to the end of the Visa line that has increased from 5-7 years to as long as 12-15 years. With the current EB-5 program timeline, my children, the reason for our immigration, will no longer be able to qualify for the Green Cards as they will have “aged out” of the Program as dependents. - In addition, restarting the EB-5 Program now also means that we will need to secure another $400K in order to meet the new EB-5 program investment minimum of $900K. 3) It continues to puzzle affected investors why the Commission chose to settle with Bethany Liou. As an Eligible Investor, I would like to know what the Commission’s plans are to help recover what is still owed to the investors from Bethany Liou. Finally, I implore the Commission to consider providing an option for us to stay invested with the EB-5 Program. Sincerely Yan Lv