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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 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.

Below is a detailed analysis of the Gold Card program’s structure, requirements, risks, and how it compares to the long-established EB-5 investor visa category.
Continue Reading The Gold Card Program Explained—And How It Compares to EB-5

In this timely podcast episode of the Immigration Insights series, host Kate Kalmykov, co-chair of Greenberg Traurig’s Global Immigration & Compliance Practice, sits down with Jason Rogers, Senior Partner at Newland Chase Advisory Services, to explore the dynamic landscape of global mobility and employee immigration.
Continue Reading Immigration Insights Episode 21 | Global Mobility in Motion: Trends, Strategies, and the Future of International Workforce Movement

In this episode of the Immigration Insights podcast series, Kate Kalmykov, co-chair of Greenberg Traurig’s Immigration & Compliance Practice, is joined by Don Aviv, CEO of Interfor International, to tackle

Continue Reading Immigration Insights Episode 19 | Guarding the Global Workforce: Security Challenges in Immigration and Global Mobility

U.S. Citizenship and Immigration Services (USCIS) continues to issue formal notifications initiating audits of EB-5 Regional Centers under the EB-5 Reform and Integrity Act of 2022 (RIA)’s authority.

The RIA

Continue Reading USCIS Continues EB-5 Regional Center Audits Under the Reform and Integrity Act

The newly released USCIS proposed fee rule includes reductions to several key EB-5 Immigrant Investor Program filing fees.

At a time when USCIS fees have largely trended upward due to

Continue Reading EB-5 Filing Fees Set to Decrease Under New USCIS Fee Rule

In this timely episode of Immigration Insights, hosts Kate Kalmykov and Courtney Noce, co-chairs of Greenberg Traurig’s Global Immigration & Compliance Group, address major developments in the U.S. immigration landscape.
Continue Reading Immigration Insights Episode 18 | Navigating Immigration in Flux: What Employers Need to Know About the H-1B Fee, Project Firewall, and Compliance

The U.S. Department of State’s National Visa Center (NVC) has issued updated guidance that impacts employment-based immigrant visa applicants, including EB-5 investors. This change is especially relevant for globally mobile

Continue Reading NVC Update: Residency Proof Now Required for Employment-Based and EB-5 Immigrant Visa Applicants

In recent months, U.S. Citizenship and Immigration Services (USCIS) has reportedly issued denials of EB-5 immigrant investor petitions (Form I-526E) where investors filed after making only an initial installment toward

Continue Reading EB-5 Compliance Alert: Petitions Must Be Approvable When Filed – Importance of Timely Funding for Installment Investments