Next week USAdvisors will be hosting an EB-5 seminar in Orlando, Florida.  The Overseas Capital Funding & Capital Raise Workshop is an intense one week course for those interested in learning how to raise funds from overseas investors, both private and institutional, how to structure EB-5 offering packages and securities documents, and to put together the best EB-5 team to raise funds within the regulations imposed by both U.S. and foreign securities laws.

On Monday, I will take part in a panel entitled “EB-5 Investments Through a Broader Lens.”  The panel will discuss the ethical considerations involved in EB-5 offerings from both an immigration and securities perspective.  The panel will address why EB-5 projects are considered securities offerings, investor qualifications issues, securities law exemptions, and disclosure requirements, among other things.  The ethics portion will advise participants on avoiding and managing potential conflicts of interest, best practices for navigating the EB-5 landscape and finder’s fees.

EB-5 and Investments Through a Broader Lens

  • Securities law issues
  • EB-5 Projects as securities
  • Investor Qualifications
  • Reg. D and Reg. S Exemptions
  • Disclosure Requirements
  • Broker-Dealer
  • Right of Rescission
  • Ethics and Risk Management
  • Knowing when to co-counsel and when to use experts
  • Avoiding and managing conflicts of interest
  • Advising clients about investments – is it smart?
  • Finder’s fees
  • Professional liability insurance considerations

On Tuesday, I will head a panel entitled “Marketing Your EB-5 Project- Where Immigration Practicalities and Securities Laws Intersect.”  This panel will discuss the realities of bringing an EB-5 offering from formation, through USCIS designation and then to market.  It will offer participants “hands on” advice on how to spot and deal with the following issues:

  • Choosing your EB-5 Team
  • Common mistakes in SEC offering documents
  • Material Changes and the Impact on the Immigration Filings
  • Rights of Rescission
  • Use of Internet Marketing
  • Broker/ Dealer Issues
  • Working with overseas marketing agents
  • Investor Screening and Due Diligence

I encourage our readers in attendance at the conference to stop by and say hello to Dawn and I.

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Photo of Kate Kalmykov Kate Kalmykov

Kate Kalmykov is based in our New York and New Jersey offices and has over two decades of experience in business immigration matters. Kate currently Co-Chairs the Global Immigration & Compliance Practice at Greenberg Traurig. In this role, she works with employers of

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Kate Kalmykov is based in our New York and New Jersey offices and has over two decades of experience in business immigration matters. Kate currently Co-Chairs the Global Immigration & Compliance Practice at Greenberg Traurig. In this role, she works with employers of all sizes across a variety of industries in understanding and complying with the immigration laws relating to the hiring and retention of foreign talent. Specifically, her practice focuses on supporting clients and advising them on temporary and permanent residency immigration options for multi-national executive, business, scientific, and information technology personnel. In addition, her practice provides support to companies in the global transfer of personnel. Known by her clients for her out-of-the-box thinking, responsiveness and hands-on approach, Kate is often called upon to assist in developing immigration options and strategies in the most unique circumstances and to respond to complex Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs) or to appeal denied cases. Likewise, she has also been instrumental in developing employer compliance programs for DOL related filings including H-1Bs and PERMs, as well as for I-9 employment eligibility verification. To this end, she develops and conducts nationwide I-9 compliance trainings and policy manuals for human resources personnel, advises on best practices for E-Verify employers, provides guidance on avoiding immigration-related unfair employment practices claims and has defended and minimized penalties in immigration-related government audits. Kate regularly works with professionals from the firm’s labor, employment, tax and benefits groups, to provide strategic planning on immigration issues within a cross-border framework.

Kate also has deep experience working on all aspects of the EB-5 immigrant investor program. Kate has worked with real estate developers, private equity funds, and other organizations on applications to designate new EB-5 Regional Centers, applications for pre-approval of EB-5 projects; having projects adopted by existing EB-5 Regional Centers; structuring projects to be EB-5 compliant, the sale of existing EB-5 Regional Centers, preparing template I-526 petitions and advice on structuring direct EB-5 projects. Pursuant to the requirements introduced under the EB-5 Reform and Integrity Act, Kate works with EB-5 Regional Centers, EB-5 Projects, Overseas Migration Agents and Broker/ Dealers to develop internal programs for ongoing compliance and to prepare USCIS I-956, I-956F, I-956,G, I-956H, I-956K submissions. Kate has represented thousands of investors in obtaining their green cards through EB-5 regional center projects, as well as direct EB-5 investment opportunities. She also represented and structured the largest EB-5 offering in the Program’s history and has over the course of her career structured over $12 billion in EB-5 deals.

Within the field of immigration law, Kate is a well-known speaker and author. She is often called upon by various media outlets to comment on topics of business immigration law including the Real Deal, the Wall Street Journal, and Law360. Kate has appeared on numerous TV programs related to immigration law including CNN, the Stoler Report, Vietface TV, and China Business Network. Kate is also a prolific writer on the topic of immigration and has been published in immigration practice handbooks for the American Bar Association, American Immigration Lawyers Association, ILW, and in news periodicals that include the New Jersey Lawyer, the New York Law Journal, the New Jersey Law Journal, USA Today, GlobeSt.com, and the Commercial Observer. At the request of the American Bar Association, Kate co-authored the book “What Every Lawyer Needs to Know About Immigration Law,” a guide for non-lawyers on immigration law practice. She has sat on numerous bar association related committees including the American Immigration Lawyers Association EB-5 Practice Committee, the New Jersey Business Immigration Coalition and has chaired the American Bar Association’s, Committee on Immigration and Naturalization, Section of Administrative Law since 2011. Kate has been recognized in various legal surveys including Chambers Global, New York Super Lawyers, the New Jersey Law Journal who ranked as her as a “New Leader of the Bar,” (formerly 40 under 40) in 2012, NJBIZ “Best 50 Women in Business,” 2019, National Law Review, “Go-To Thought Leader: Immigration Law,” 2022, and Lawdragon 500, Leading U.S. Corporate Employment Lawyers, 2020-2022.

Kate is devoted to pro bono matters and has spent extensive time helping clients fleeing conflict and persecution with asylum applications, applying for and obtaining Temporary Protected Status and Humanitarian Parole.

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