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Kate Kalmykov 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. She also has extensive experience working on EB-5 immigrant investor matters, working with developers across a variety of industries and with private equity funds on developing new projects that qualify for EB-5 investments.

On Oct. 4, President Donald Trump signed a new “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System,” which goes into effect Nov. 3 and affects most immigrant visa applicants. This Presidential Proclamation is separate from the Public Charge Rule, which is on hold in the U.S. due to a court injunction, and its implementation at U.S. Consulates has been delayed by the Department of State.

According to the new Presidential Proclamation, with very small exceptions including refugees and asylees, applicants for immigrant visas will need to present evidence to the consular office “to the consular officer’s satisfaction” at the time of their immigrant visa interview that they will be covered by approved health insurance within 30 days of entering the U.S. or that they have enough financial means to pay for “reasonably foreseeable medical costs.” The Presidential Proclamation asserts that “lawful immigrants are about three times more likely than United States citizens to lack health insurance.
Continue Reading New Presidential Proclamation Requiring Health Care for Immigrant Visa Applicants Effective November 3, 2019

In the United States, there are very strict laws in place to protect investors.  These laws are administered by a governmental agency known as the U.S. Securities and Exchange Commission (SEC).  The mission of this agency is to regulate the U.S. markets, protect investors from fraud, ensure fair, systematic, and efficient markets, and facilitate capital development.

The EB-5 program is a unique path towards a green card that allows an individual to self-sponsor them and their family members for a green card by investing $500,000 in a U.S. business that will create ten or more jobs in the U.S.  The advantages of the EB-5 are numerous:

  • It doesn’t require an employer or family sponsor
  • It allows investors to live anywhere in the United States (not necessarily by their EB-5 investment)
  • It allows them to travel freely in and out of the U.S. as a permanent resident
  • It allows them to have work authorization
  • It allows their children to attend university as a resident once they obtain a green card


Continue Reading What is the Role of the SEC?