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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.

The Department of State (DOS) established a temporary Paid Expedite pilot program allowing certain B-1/B-2 visa applicants to pay an additional fee for expedited visa interview scheduling. DOS has now launched the pilot program, providing eligible applicants at designated U.S. consular posts with the opportunity to obtain earlier visa interview appointments.
Continue Reading Department of State Launches $750 Paid Expedite Pilot Program for B-1/B-2 Visa Interview Appointments

AI-driven adjudications are raising the stakes for employers and applicants alike, with RFEs surging across H-1B, L-1, O-1, and NIW categories and enforcement reaching new levels of coordination across federal agencies. Greenberg Traurig’s Kate Kalmykov and Courtney Brooks break down what this shift means and how organizations may wish to prepare.
Continue Reading Immigration Insights Episode 29 | AI-Driven RFEs Are Here: Faster, Broader, and More Demanding Than Ever

Recent news reports regarding the erroneous registration of noncitizens to vote serve as an important reminder of a broader issue that immigration practitioners encounter with increasing frequency: the disconnect between state administrative systems and the federal immigration system.

Continue Reading When Government Systems Don’t Communicate: How State Administrative Errors May Create Serious Immigration Consequences

Greenberg Traurig immigration attorneys Kate Kalmykov and Jennifer Hermansky discuss the critical Sept. 30 EB-5 grandfathering deadline and what investors need to know before it passes. The episode also covers recent favorable AAO decisions and a newly released USCIS Notice of Proposed Rulemaking implementing the EB-5 Reform and Integrity Act.
Continue Reading Immigration Insights Episode 28 | EB-5 Deadline Alert: Key Considerations Before September 30

International travelers have long been aware that U.S. Customs and Border Protection has broad authority to inspect luggage and other personal belongings at U.S. ports of entry. Less well understood, however, is CBP’s authority to examine electronic devices.
Continue Reading CBP Electronic Device Searches at the Border: What International Travelers and Employers Should Know

The U.S. Supreme Court issued its decision in Mullin v. Doe, holding that the TPS statute bars judicial review of nonconstitutional challenges to the Secretary of Homeland Security’s decisions concerning the designation, extension, or termination of a country’s Temporary Protected Status.
Continue Reading Preparing for the End of Haiti TPS: Employer Compliance Considerations