Hosts Kate Kalmykov and Faraz Qaisrani delve into immigration directives, including increased visa scrutiny, changes to processing times, and new measures affecting business immigration. They address shifts in H-1B interpretation, treaty-based visa reforms, and the potential elimination of H-4 EADs. They also cover adjustments to consular visa operations that may disrupt employee travel, along with policies affecting TPS and humanitarian parole programs for specific countries like Ukraine, Venezuela, and Haiti.

The episode emphasizes the importance of employer preparedness, with recommendations such as conducting internal audits, training staff for compliance, and proactively planning for visa delays. Kate and Faraz also examine enforcement trends, including DHS site visits, I-9 audits, and possible workplace raids, outlining how businesses can mitigate risks and maintain good-faith compliance.

Additionally, strategies to address long-standing visa administrative processing delays, such as filing mandamus lawsuits, are discussed. As immigration policies remain fluid, Kate and Faraz note that employers should consider closely monitoring developments and seeking guidance from immigration counsel to anticipate challenges and ensure business continuity.

Click here to watch the episode.

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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.

Faraz Qaisrani ‡

Faraz Qaisrani is a member of the Immigration & Compliance Practice in Greenberg Traurig’s Atlanta office. Faraz focuses his practice on a full range of corporate immigration and compliance matters. He advises corporate clients on various employment-based non-immigrant petitions and visa applications (H-1B…

Faraz Qaisrani is a member of the Immigration & Compliance Practice in Greenberg Traurig’s Atlanta office. Faraz focuses his practice on a full range of corporate immigration and compliance matters. He advises corporate clients on various employment-based non-immigrant petitions and visa applications (H-1B, TN, L-1A, L-1B, E-2, H-1B1, E-3, , etc.) as well as immigrant petitions filed with the Department of Homeland Security (DHS).

Faraz also represents clients on corporate immigration related matters filed with the Department of Labor (DOL), including permanent labor certifications and labor condition applications. Additionally, he advises clients on regulatory compliance matters associated with hiring and retaining foreign national talent.

Faraz’s experience extends across a broad spectrum of industries, including engineering, information technology, financial services, life sciences, management consulting, and pharmaceuticals.

 Admitted in New York. Not admitted in Georgia. Practice limited to federal immigration practice.