Greenberg Traurig Immigration & Compliance Practice Shareholders Kate Kalmykov and Nataliya Rymer were grateful for the opportunity to meet with Consular Officials at the U.S. Embassy in Paris and tour their American Citizen Services and Consular Visa Services sections as part of the American Immigration Lawyers Association (AILA) RDC Conference. Below are some key updates addressed during these meetings:

  1. Confirmation that third country nationals will be accepted for nonimmigrant and immigrant visa processing at the U.S. Embassy in Paris, including Russian, Iranian, and Ukrainian nationals. As a reminder, acceptance of a visa application and scheduling of a visa appointment do not guarantee visa application approval, visa issuance, or negate any grounds for refusal.
  2. The Consular Section at the Embassy reports having decreased their visa appointment wait times along with interview-waiver visa processing times significantly.
  3. E-2 treaty investor visas constitute a high portion of the applications at the Consulate, with interviews conducted on the Monday of each week. Consular officials confirmed they will adjudicate third country E-2 visa applications, but cautioned that when the business relates to specific country conditions, applicants may find it easier and more beneficial to apply at the U.S. Consular Post in their home country, even if the wait time is longer. Nonimmigrant Visa Section officials confirmed that there have been some denials related to E-2 treaty investor applicants seeking extensions of status whose businesses applied for, and received, Paycheck Protection Program (PPP) loans. Consular Officials stated that, rather than the receipt of the PPP loan itself having caused the denial, the adjudicating officers want to see extensive proof that the PPP loan was used for its stated purpose, in order to address wide concerns regarding fraud. Furthermore, applicants must be able to demonstrate that, since taking out the PPP loan, the companies have continued operations, generated revenues, and created or maintained jobs. Separately, rather than demonstrating that financial and employment projections outlined in the business plan were met with exact precision, businesses should document operations, growth, and efforts to meet these projections. 
  4. The Consular officials stressed that the Consular Section is unable to expedite any cases undergoing administrative processing, as this processing is undertaken at the State Department headquarters in Washington, D.C., rather than at the Post.
  5. F-1 Foreign Visas are processed at high volumes, with scheduling of interviews and visa issuance continuously prioritized.
  6. Requests for expedited visa appointments can be made where circumstances warrant, and such circumstances will have to be explained to the Post in an expedited appointment request.
  7. The Embassy does offer Privacy rooms for sensitive situations and applicants.
  8. Supervisor’s desks are located behind the interviewing Consular Officers, and therefore, Supervisors are able to hear, and address, any more complex issues arising during interviews.
  9. Consular officials stressed that, because supervisors are close in proximity during interview processes, any denials resulting during interviews are vetted and approved by them. Therefore, applicants are encouraged to reapply after denials, rather than asking for reconsideration of the previously submitted application. Furthermore, to the extent possible based on staffing levels, the Consular Section attempts to assign different officers for reapplications, to ensure that each application is reviewed fully. 
  10. Consular Officers at the U.S. Embassy in Paris speak many different languages and are therefore able to offer translation as needed. If a visa applicant appears with a translator, the translator may be asked to leave if the Consular staff have someone fluent in the applicant’s native language.
  11. U.S. Citizen Services at the Embassy in Paris will accept third country applicants seeking renunciation of citizenship.
  12. Lost or stolen U.S. passports can be issued quickly by the American Citizen Services. As a note, U.S. citizens traveling in France are advised to keep their passports in a hotel safe, due to high levels of pick-pocketing. 
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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.