A transition to Pay.gov for visa-related fees may affect consular processing where payment verification issues arise.
Continue Reading State Department’s Pay.gov Transition Creates Visa Issuance Challenges for Applicants, Employers
Where Government Policies and Business Realities Converge
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.
A transition to Pay.gov for visa-related fees may affect consular processing where payment verification issues arise.
Continue Reading State Department’s Pay.gov Transition Creates Visa Issuance Challenges for Applicants, Employers
In this episode of the Immigration Insights podcast, Greenberg Traurig attorneys Kate Kalmykov and Jennifer Hermansky examine the writ of mandamus as a federal litigation tool for addressing unreasonable agency delays across a broad range of immigration proceedings.
Continue Reading Immigration Insights Episode 27 | Stuck in the System: Using Mandamus to Break Immigration Delays
Recent reports from the American Immigration Lawyers Association indicate that the U.S. Department of State may be preparing a restructuring of visa processing operations across Africa.
Continue Reading U.S. Department of State Reportedly Considering Centralized Visa Processing Hubs Across Africa
A Rhode Island federal court vacated four USCIS policies halting immigration adjudications, finding Administrative Procedure Act violations and restoring processing of some immigration benefits.…
USCIS guidance emphasizing consular processing has prompted questions about how adjustment of status cases may be handled in practice.
Continue Reading USCIS Adjustment of Status Memorandum: Early Implementation Trends
A recent ICE guidance memo has fundamentally changed the I-9 compliance landscape, exposing employers to immediate fines for errors once considered minor. Greenberg Traurig attorneys outline the key risks and steps employers should take to get ahead of enforcement.…
A new USCIS Policy Memorandum signals a major shift in adjustment of status policy, potentially redirecting applicants toward consular processing abroad. GT immigration attorneys break down the implications and offer practical guidance.…
Recent adjudication trends in N-400 Applications for Naturalization indicate U.S. Citizenship and Immigration Services is applying increased scrutiny to applications involving extended travel abroad, tax compliance issues, and criminal history concerns.…
In this episode of GT’s Immigration Insights podcast, attorneys Kate Kalmykov and Gennette Faust discuss pre-immigration tax planning considerations for high-net-worth foreign nationals. The conversation covers topics ranging from the substantial presence test and passive foreign investment companies to estate tax implications and the U.S. expatriation tax regime.…
U.S. consular operations in Israel have resumed after the prior closure of the U.S. Branch Office in Tel Aviv and the pause in consular processing.…