Laura Reiff and I traveled to Shanghai this past week to meet with various migration agents, investors and regional center project companies. Following a tour of our Shanghai office, we hosted a lively reception and dinner at the Langham hotel. Saturday night we attended a reception hosted by Artisan Business Group attended by various migration agents and investors.

The following summarizes impressions of the EB-5 market that we gained on the ground in China:

1. Demand for EB-5 visas by Chinese nationals shows no sign of a slowdown. This is due in part to the unavailability of the Canadian and Australian immigration programs previously widely used by Chinese nationals.

2. As demand for EB-5 visas increases, it is widely expected that the quota of 10,000 will be reached by next year. However, migration agents indicate that they expect demand to continue even in a retrogression scenario where visas may not be immediately available.

3. There is growing interest from investors looking for direct EB-5 investment opportunities. This is a result of increased scrutiny and issuance of RFEs by USCIS related to indirect job creation.

4. Investors and migration agents have expressed frustration at the slow down of petition processing by USCIS. Immigrant visa processing at the U.S. Consulate in Guangzhou continues to be relatively streamlined.

5. Given the proliferation of RFEs issued by USCIS, investors and migration agents are focused on I-526 approval. They believe once the I-526 is approved, barring a failure of the project due to unforeseen circumstances, that the I-829 will be approved.

6. Given the exponential increase in regional center projects, migration agents along with counsel are performing extensive due diligence prior to promoting a project.

7. Investors are becoming increasingly savvier in selecting investments and are concerned by issues that could be raised by USCIS related to tenant occupancy, job displacement and visitor spending.

8. Agents prefer to promote projects where:

  • The EB-5 component does not exceed 50 percent
  • Investors are given a first position
  • The project includes some sort of government funding, credits or partnership
  • In terms of return, investors are less interested in earning money on their investment — rather, they are looking for a “safe” investment where they can attain the green card and have all or a majority of their principal returned.

9. The primary goal of Chinese EB-5 immigration is to provide educational opportunities for the investor’s children, as well as develop new business opportunities for investors in the U.S.

10. An ever growing number of investors are interested in coming to the U.S. in a non-immigrant work visa status, such as H-1B or L-1 while their I-526 is in process, and subsequently applying for the green card in the U.S. through Adjustment of Status.

It was an extremely informative trip on many fronts, and we’ll continue to monitor and report on EB-5 issues in this part of the world as they develop.

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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

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.