Photo of Kate Kalmykov

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.

When traveling to the United States, foreign nationals submit biographic information to determine if they are eligible to travel to the United States. The biographic information along with other information is submitted through the Electronic System for Travel Authorization (ESTA). The ESTA is an automated system that determines the eligibility of visitors to travel to the U.S. As individuals answers questions online, they will need to respond to the following question: “Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled?”
Continue Reading The Hidden Meaning Behind the Words: ‘Have You Ever Been Denied a U.S. Visa or Entry into the U.S., or Had a U.S. Visa Canceled?’

On August 13, USCIS announced that employers should continue using the Form I-9 currently available in the forms section of www.uscis.gov until further notice. The current version of the form should continue to be used even after the OMB control number expiration date of August 31, 2012, has passed. USCIS will provide updated information about the new version of the Form I-9 as it becomes available.
Continue Reading USCIS Announces Continuing Validity of Current Form I-9 Version for Employment Eligibility Verification

The American Immigration Lawyers Association has received reports of a new telephone scam potentially victimizing aliens. Anyone who receives such a call should notify law enforcement authorities, which may include the FBI, as well as the Federal Trade Commission’s Bureau of Consumer Protection, whose Consumer Sentinel database is accessed by criminal and civil law enforcement authorities worldwide.
Continue Reading Possible Immigration Related Telephone Scam

Why are I-9s relevant in the context of the EB-5 immigrant investor visa? For individual EB-5 applicants who must create 10 U.S. jobs per employee, USCIS often requests the I-9s of the new commercial enterprise to determine whether or not the investor has satisfied the 10 job per investor requirement of the EB-5 program. In the regional center context, certain centers may rely on direct employment by the project company. This is common in certain industries such as manufacturing, hospitality, assisted living or restaurants where the project company may hire a number of direct employees for operations.
Continue Reading I-9s and EB-5s: What’s the Connection?