Alan Lee

Alan Lee

Attorney Profile

Top Rated Immigration Attorney in New York, NY

Alan Lee, Attorney at Law
 | 408 8th Avenue, Suite 5A
New York, NY 10001
Phone: 212-564-9496
Email: Alan Lee
Selected to Super Lawyers: 2011, 2013 - 2016
Licensed Since: 1982
Practice Areas:
  • Immigration: Consumer
Attorney Profile

Alan Lee exclusively practices immigration law and covers the spectrum from non-immigrant visas such as H-1B and L-1, to federal court litigation including employment and family-based matters, investment immigration, asylum, and citizenship. He holds an AV preeminent rating in the Martindale-Hubbell Law Directory and is on the Bar Register of Preeminent Lawyers, the highest rating in both legal ability and ethical standards as judged by his peers. He has successfully concluded cases before USCIS, DOS, DOL, Consuls, Immigration Courts, Federal Circuit and District Courts, BIA, BALCA, USCIS Appeals Adjudication Office, and Regional Commissioners. Mr. Lee has authored approximately 1,470 legal writings in newspapers and journals on immigration, including Interpreter Releases, Immigration Daily, and Chinese language dailies World Journal and Sing Tao. His staff has fluency in multiple dialects of Chinese.

White Papers

  • The New Visa Charts – A Primer In Interpreting Them, Historical Perspective, Use In Forecasting Demand, How The New System Will Work, And Their Additional Benefits To All (2015) - Alan Lee, Immigration Daily, five-part series 9/23-10/2/15, examined in depth the changes to the monthly visa bulletin of the Visa Office giving author’s assessment for optimal use of the changes consistent with the Obama Administration’s 11/20/14 Immigration Accountability Executive Actions to advance the filing of I-485 adjustment of status to permanent residence applications for aliens caught in immigration backlogs with attendant benefits of advance parole and employment authorization, and to improve immigrant visa forecasting to bring about more stability in visa category movement and maximum utilization of annual quota of visa numbers.

  • Landscape for Undocumented Immigrant Relief Appearing Bleaker - I-601A Looking Brighter (2015) - Alan Lee, Immigration Daily 6/2/15, laid out the latest negative developments on the Obama Administration's Executive Actions for immigrant relief in the 5th Circuit Court of Appeals, pointed out the favorable statistics of the President's I-601A provisional waiver program along with its upcoming expansion covering classes other than immidiate relations and recommended its consideration by undocumented immigrants who are or will be eligible for its relief provision.

  • The President’s play on immigration – big or small or not at all and expected consequences (2014) - Alan Lee, Immigration Daily, 11/19/14, encouraged the President to announce his executive action on immigration immediately and to include as many undocumented immigrants as possible taking into consideration the expected backlash and the consequences of inaction.

  • Holding the Senate is the goal, but could President Obama be wrong about the means to do it? (2014) - Alan Lee, immigration Daily, 9/11/14, scolded the President on failing to announce his executive action to help undocumented immigrants because of his fear that such would endanger Democratic candidates in the midterm elections, and pointed out that his failure to deliver on his promise of executive action would hurt in the polls by deflating a large number of supporters including not only Hispanics but other immigrant groups and young voters who largely support immigration reform.

  • What is the calculus on immigration reform? (2014) - Alan Lee, Immigration Daily, 6/10/14, brought out the pros and cons to the President’s decision in June to hold off on his promise of executive action to help undocumented immigrants until the end of the summer to allow Republicans to act on an immigration bill, and concluded that there was little merit to a 2 month wait as the Republicans would have further entrenched themselves against immigration reform on the campaign trail and the president would wind up looking even more weak and ineffectual and not even gain the moral high ground.

  • Republicans to Sideline Hispanics and Other Minorities by Piecemeal Immigration Legislation? (2014) - Alan Lee. Immigration Daily, 1/6/14, explored the question of what Hispanics and other minorities should do in the event that the Republican House of Representatives was only prepared to offer limited immigration legislation in the early part of 2014. The article looked at the escalating stakes of the 2014 midterm elections brought on by the November 2013 Democratic Senate action of exercising the “nuclear option” to cut off debate at 51 votes instead of 60 on judicial and executive appointments, etc.

  • The Renewed Hope for Immigration Legislation in 2011 (2011) - Alan Lee, Interpreter Releases, Vol. 88, No. 2, 1/10/11, gave various scenarios under which some forms of immigration reform legislation could occur in 2011 along with the different involved groups' choices along the way.

  • Recommendations On Positive Immigration Options That The Administration Should Explore (2010) - Alan Lee, Immigration Daily, 4/15/2010, gave recommendations for immigration legislative relief that the Obama Administration could explore.

  • The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis (2004) - Alan Lee, Interpreter Releases, Vol. 81, No.15, 4/12/2004, analyzed the ultimately unsuccessful Bush attempt at Comprehensive Immigration Reform (CIR), the need for CIR, competing legislation, & the pros & cons of the different paths.

  • Seventeen articles between 9/2011 and 1/2015 advocating and explaining I-601A waiver relief for non-adjustable undocumented immigrants before their final decision to depart the U.S. for immigrant visa appointments at American consulates and embassies. 

  • Examination of EB-2 Visa Demand Vis-a-Vis H.R. 3012, Alan Lee, Interpreter Releases, Vol. 89, No. 10, 3/5/12, studied and estimated future EB-2 (employment based second preference permanent visas for those with advanced degrees) use to determine the necessity of H.R. 3012, legislation which had the principal appeal of increasing  the percentage of EB-2 permanent visas available to natives of China and India, but was the subject of a proposed anti-immigrant amendment for dropping Republican Senate opposition.

  • About Alan Lee

    Admitted 1982, New York

    Professional Webpage:

    Honors and Awards:

    • Rated AV in Martindale-Hubbell Law Directory since 1994, AV Preeminent rating since 2010 with legend of highest possible rating in both legal ability and ethical standards, & in the Bar Register of Pre-eminent Lawyers since 2011.  Awarded twice by the government of the Republic of China in 1985 for outstanding work in immigration and human rights affairs; selected for Who's Who in American Law; honorary editor of newspaper, Pakistan Calling; Sidney A. Levine Award winner at Cleveland Marshall College of Law for best legal writing in 1976/77. Recognized as one of New York area's "Top Rated Lawyers" by Martindale-Hubbell for 2012, 2014 & 2015.

    Special Licenses/Certifications:

    • Practice before governmental agencies dealing with immigration law such as Department of Homeland Security, U.S. Department of State, and Department of Labor - including Visa Office and consul posts, Board of Immigration Appeals (BIA), Administrative Appeals Office (AAO), and Board of Labor Certification Appeals (BALCA).  Licensed to appear before Southern, Eastern and Western District Courts in New York and Second Circuit Court of Appeals

    Bar/Professional Activity:

    • Panel expert in seminars of the Immigration Law Weekly in areas of labor certifications and litigated employment cases.

    Pro bono/Community Service:

    • Appearances before community groups, universities, colleges and institutes on immigration issues of interest to them. Participant in Ask-A-Lawyer program of LexisNexis/Martindale-Hubbell since 2013.   Before moving to New York, staff attorney in Bowling Green, Ohio, for Ohio Migrant Legal Action Program (OMLAP) & then lead attorney in Bowling Green for its successor, Advocates for Basic Legal Equality (ABLE).

    Scholarly Lectures and Writings:

    • Lectures before student groups at universities, colleges, and institutes on immigration laws.  Approximately 1,470 legal writings in newspapers and journals on immigration law; and a regular contributor to Martindale-Hubbell's Ask-a-Lawyer program.

    Verdicts and Settlements:

    • Matter of Leacheng International Inc., 26 I&N Dec. 532 (AAO 2015); Firstland International v. INS, 377 F.3d 127 (2d Cir. 2004);  Chavan v. Drysdale, 513 F.Supp.990 (NDNY 1981). 


    • “A Sense of Timing on Available Numbers under Senate Bill 744 (Comprehensive Immigration Reform” Alan Lee, Interpreter Releases, Vol. 90, No. 20, 5/20/13
    • "Examination of EB-2 Visa Demand Vis-a-Vis H.R. 3012," Alan Lee, Interpreter Releases, Vol. 89, No. 10, 3/5/12; "Important Developments in Labor Certification Applications," Alan Lee, Interpreter Releases, Vol. 88, No. 6, 2/7/11; "The Renewed Hope for Immigration Legislation in 2011," Alan Lee, Interpreter Releases, Vol. 88, No. 2, 1/10/11; "Legalization is Alive but has a January 31, 2010, Deadline in Underpublicized "Known to the Government" Settlement," Alan Lee, Arthur Lee, and Melissa Paquette and edited by Robert Pauw, Interpreter Releases, Vol. 86, No. 47, 12/14/09;  "In Absentia Hearings and Proper Service of NTAs and NOHs with Emphasis on Second Circuit Law Development, Alan Lee, Interpreter Releases, Vol. 84, No. 37, 9/24/07;  "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis," Alan Lee, Interpreter Releases, Vol. 81, No. 15, 4/12/04

    Representative Clients:

    • Withheld for client privacy

    Other Outstanding Achievements:

    • Firstland Int'l v. INS successfully challenged Legacy INS' policy of over 40 years of revoking approval of immigrant visa petitions under a nebulous standard of law.  It was short-lived, however, as it was legislatively overturned by the Bush administration. Yet Firstland lives on as precedent that the government must comply with nondiscretionary duties established in law, and such failure is reviewable in federal courts.
    • Matter of Leacheng International Inc. established nation-wide standards on the definition of “doing business” for multinational executives and managers to gain immigration benefits.


    • News blurbs/Q&As are posted on our website, on a weekly basis

    Educational Background:

    • B.A. graduate in English of UCLA 1973 and J.D. graduate of Cleveland-Marshall College of Law, 1977. Ohio bar, 1977; New York bar, 1982.

    Industry Groups

  • Immigration Law
  • Nationality Law
  • Office Location for Alan Lee

    408 8th Avenue
    Suite 5A
    New York, NY 10001


    Alan Lee:

    Last Updated: 4/18/2016

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