In this timely episode of Big Law Redefined Podcast’s Immigration Insights Series, Kate Kalmykov and Jennifer Hermansky, Greenberg Traurig Immigration & Compliance Practice attorneys, break down the latest developments in the EB-5 immigrant investor program as of September 2025.

With the clock ticking toward the expiration of key grandfathering provisions under the Reform and Integrity Act (RIA), they discuss the rush to file, the importance of source of funds documentation, and pitfalls of incomplete or skeletal filings.

The episode explores significant changes in USCIS and State Department policies, including stricter scrutiny of Communist Party membership, retroactive review of lawful source of funds, and the impact of the new travel ban on investors from certain countries.

Kate and Jen share updates on EB-5 processing times, visa issuance delays, and strategies for maintaining lawful permanent residence, including reentry permits and SB-1 returning resident visas.

They provide insights into planning EB-5 filings amid uncertainty, navigating complex compliance requirements, and protecting family members under changing Child Status Protection Act (CSPA) rules.

Kate and Jen also address recent trends in adjustment of status filings, work and travel authorization, and the potential for visa retrogression.

Tune in to learn more about EB-5 information updates and fast-moving immigration policies in 2025.

Click here to listen to the full episode.

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Photo of Kate Kalmykov Kate Kalmykov

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors and traders, persons of extraordinary ability and immigrant investors.

Kate has deep experience working on EB-5 immigrant investor matters. She regularly works with developers across a variety of industries, as well as private equity funds on developing new projects that qualify for EB-5 investments. This includes creation of new Regional Centers, having projects adopted by existing Regional Centers or through pooled individual EB-5 petitions. For existing Regional Centers, Kate regularly helps to prepare amendment filings, file exemplar petitions, address removal of conditions issues and ensure that they develop an internal program for ongoing compliance with applicable immigration regulations and guidance. She also counsels foreign nationals on obtaining greencards through either individual or Regional Center EB-5 investments, as well as issues related to I-829 Removal of Conditions.

Kate also works with various human resources departments on I-9 employment verification matters as well as H-1B and LCA compliance. She regularly counsels employers on due diligence issues including internal audits and reviews, as well as minimization of exposure and liabilities in government investigations.

Photo of Jennifer Hermansky Jennifer Hermansky

Jennifer Hermansky focuses her immigration practice on employment-based immigration. Jennifer has experience serving health care, pharmaceutical and real estate industries, as well as entrepreneurs, scientists and researchers in scientific communities for a wide range of temporary visa options and permanent residence solutions.