Attorney Kalmykov, shareholder at Greenberg Traurig, LLP, in New York City, is one of the most recognizable and well-respected EB-5 immigration attorneys in the EB-5 visa community. Although she represents clients going through an assortment of nonimmigrant and employment-based visa matters, attorney Kalmykov devotes much of her practice to EB-5 immigration. With nearly a decade of EB-5 immigration experience, attorney Kalmykov routinely works with immigrant investors, regional centers, project developers, corporate attorneys, private equity firms and others involved in the EB-5 visa program. These industry connections, along with her immense wealth of EB-5 knowledge, truly set attorney Kalmykov apart from other EB-5 immigration lawyers.
Attorney Kalmykov regularly counsels clients through all stages of the EB-5 immigrant investor program. This includes guiding EB-5 visa hopefuls through all stages necessary to obtain their green card. She advises EB-5 visa applicants’ investments and helps resolve any issues related to the I-829 Removal of Conditions. Attorney Kalmykov also routinely assists EB-5 Regional Centers. She helps regional centers maintain USCIS compliance, remove conditions issues, prepare filings, adopt existing projects and she helps oversee the establishment of new regional centers. Attorney Kalmykov’s aim is to streamline the EB-5 program as much as possible, by making EB-5 application processes less onerous on her clients.
Attorney Kalmykov devoted her education to the study of law and international relations. She earned her bachelor’s degree in international studies, magna cum laude, from American University. She went on to earn both her master’s degree in international affairs and her Juris Doctor from American University. Kate’s fluency in both English and Russian greatly helps her representation of international clients. Following law school, Kate was admitted to practice in New Jersey, New York and the U.S. District Court for the district of New Jersey.
Attorney Kalmykov is extremely active in the immigration law community. A member of the American Bar Association, attorney Kalmykov has been chair of the Section of Administrative Law’s Immigration Committee, vice chair of the Section of International Law’s Immigration and Naturalization Sub-Committee, and program chair of the Section of Litigation’s Immigration Litigation Committee. She is also an active member of the American Immigration Lawyers Association, where she was a committee chair of the year in 2008. Attorney Kalmykov has also been a committee member of the International Medical Graduate Taskforce and the New York United States Citizenship and Immigration Services – District Director Liaison Committee from 2009 to 2011. Attorney Kalmykov educates fellow attorneys by regularly speaking at national immigration conferences and seminars. She has authored numerous immigration law articles and maintains a blog about the EB-5 visa program.
Answers to EB-5 57 Questions Answered
- Can I get my EB-5 visa if there are money transfer limits?
- Can an EB-5 Investment be made in a 501(c)3 non-profit?
- Do I need to declare taxes on an EB-5 investment that was gifted from my parents?
- Are EB-5 visas still being issued?
- What kind of attorney do I need to create an EB-5 Regional Center?
- Can EB-5 investors fund residential development?
- What is the processing time for the I-526 Petition?
- Can non-accredited investors participate in the EB-5 program?
- How much are EB-5 attorney fees?
- Is there a list of investors interested in the EB-5 program?
- Is there a limit on the number of projects an EB-5 Regional Center can have?
- Can I use a gift to get my EB-5 visa?
- Can an EB-5 investor be employed for compensation at the business they invest in?
- How do I know which EB-5 Regional Centers have approved I-829s?
- Do you have to live near the EB-5 Regional Center that you invest in?
- What types of investments are available to EB-5 visa applicants?
- What if my I-526 Petition does not get approved?
- How long does it take to get an EB5 visa?
- Will I have a chance to get I-829 approval if my EB-5 project experiences delays?
- What is the total cost of an EB-5 visa?
- Will my EB5 visa be rejected if a criminal case was filed against me?
- Do EB-5 visa investors get their investments back from the Regional Center?
- Do the funds for an EB-5 Visa have to be personally owned by the entrepreneur?
- How are Seasonal Employees counted towards job creation in the EB-5 Visa Program?
- Does the government provide financing options for EB-5 visa applicants?
- Does an EB-5 investor have to own the majority stake in the new commercial enterprise?
- How many EB-5 visa applicants file as individual investors?
- What is adjustment of status for an EB-5 visa?
- Can attorney”s fees be counted towards the EB-5 visa minimum investment requirements?
- Do EB-5 investors have to sustain their investments after they receive their green card?
- What is the difference between NOID and RFE in an EB-5 visa case?
- How long does it take to get EB-5 Regional Center designation?
- Do the EB-5 investors and their family have to live in the geographic area of their investment project?
- Could I use a loan to participate in the EB-5 program?
- Is it legal for EB-5 Regional Centers to list their projects online?
- What is the EB-5 pilot program?
- Could I use gift money for the EB-5 visa?
- Can EB-5 investors invest in a pre-existing business?
- Are there health requirements for EB-5 visa investors?
- When will we know that the EB-5 immigrant investor pilot program is extended?
- Can people from Iran participate in the EB-5 visa program?
- What is an EB-5 regional center?
- Do some EB-5 Regional Centers allow investors to directly manage their own EB-5 investments?
- How do I know which EB-5 Regional Center I can invest in?
- How long does it normally take the USCIS to approve an I-526 petition?
- Which family members can qualify for an EB-5 immigrant investor visa?
- How much does it cost to establish an EB-5 regional center?
- Do you need a sponsor for an EB-5 visa?
- How can I find out if a Regional Center is in a Targeted Employment Area (TEA)?
- What kinds of businesses qualify for EB-5 visa investment?
- How many EB-5 visas are granted by the USCIS each year?
- What is an EB-5 migration agent?
- Do all immigrant investors have to invest through EB-5 Regional Centers?
- Can EB-5 immigrant investors be guaranteed a return on their investment?
- How long does it take to get a green card from the EB-5 program?
- Will I have to pay taxes if I am an investor in the EB-5 visa program?
- Can I bring my family to the United States if I get an EB-5 visa?
Verified EB-5 Investors
EB5 Investors Magazine and EB5investors.com Articles
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How EB-5 Compares: Understanding the Difference Between the Employment Based Visa Categories
Kate Kalmykov discusses different employment based visa categories and how EB-5 compares to these categories.
Kate Kalmykov
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Strategies for Dealing with EB-5 Retrogression
Kate Kalmykov offers retrogression strategies for practitioners working with Chinese investors.
Kate Kalmykov
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Introducing Kate’s Corner | Non-Immigrant Visa Options for EB-5 Investors Interested in Processing for the Green Card in the United States
Kate Kalmykov is an immigration attorney serving on the Editorial Board of this publication. In this issue her column addresses the visa options that EB-5 investors have if they want to be present in the United States when their EB-5 petitions are processing.Kate Kalmykov
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Breaking News for EB-5 Regional Centers: BEA Discontinues RIMS II Model
Update: The BEA will debut a modified economic model in lieu of RIMS II in 2015.
Kate Kalmykov
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Targeted Employment Areas (TEA)
Learn more about Targeted Employment Areas, which allow for a minimum $500,000 EB-5 investment.
Kate Kalmykov
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Greenberg Traurig and EB5 Investors Magazine Schedule Webinar to Address Visa Retrogression and the Impact on Chinese EB-5 Applicants
Greenberg Traurig and EB5 Investors Magazine will host a complimentary webinar to keep EB-5 stakeholders informed.Kate Kalmykov
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Income Taxes in Vietnam
Vietnamese investors filing EB-5 I-526 petitions should be aware of past changes in Vietnamese tax policy.
Kate Kalmykov
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What the “At Risk” Requirement Means for Investor’s Funds
Learn why capital invested by EB-5 investors must qualify as an "at risk" investment.
Kate Kalmykov
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The Cost of an EB-5 Petition
The cost of an EB-5 petition goes well beyond the capital investment.
Kate Kalmykov
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Recent USCIS Processing Times Report Shows a Step in the Right Direction
USCIS appears to be fulfilling its promise of lowering processing times.
Kate Kalmykov
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Tips for I-94 Arrival/Departure Record Automation
An automated Form I-94 will effect foreign travelers and impact USCIS.
Kate Kalmykov
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A Step-By-Step Overview of the EB-5 Escrow Process
Escrow agreements are commonplace in the world of EB-5. Investors should be familiar with the terms of their agreement.
Kate Kalmykov
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EB-5 Investors Must Pay Immigrant Fee to Permanently Enter U.S.
After being cleared for permanent residency in the U.S., there is still one last step for EB-5 investors. they must pay their USCIS immigrant fee, which must be paid online using USCIS ELIS.
Kate Kalmykov
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Statistical Roundup for I-526, I-829, and I-924 Petitions in 2013
USCIS has published their 2013 statistics on EB-5 petitions and applications. What can we learn from them?
Kate Kalmykov
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Common Questions for EB-5 Investors with Children Studying in the United States
What do you need to know about the relationship between EB-5 and F-1 visas? Kate Kalmykov answers your most common questions.
Kate Kalmykov
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Role of the USCIS Ombudsman in the EB-5 Process
The USCIS Ombudsman can suggest change for EB-5 policy. What tools are available, and how effective can they be?
Kate Kalmykov
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So you had a J-1 Visa–Is EB-5 an Option?
Learn what time restrictions apply to J-1 visa holders applying for EB-5.
Kate Kalmykov
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Senate Committee Requesting Comprehensive Data on Approved Regional Centers
Senate Homeland Security and Governmental Affairs Committee is soliciting info from EB-5 regional centers, with unclear intentions.Kate Kalmykov
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Canada Announces an End to Federal and Entrepreneur Immigration Programs
As Canada shuts down its immigrant investor programs, the U.S. EB-5 program stands to benefit.
Kate Kalmykov
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Ten Misconceptions about the EB-5 Program
Kate addresses some common misconceptions about the EB-5 program.
Kate Kalmykov
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Brief Tips on Compliance Issues for Regional Center Websites
A few tips on how to ensure that your regional center's website is in compliance with all applicable U.S. laws.
Kate Kalmykov
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Determining if Your EB-5 Project is Located in a Targeted Employment Area (TEA)
Kate Kalmykov reviews methods of determining if an EB-5 Project is located in a Targeted Employment Area (TEA).
Kate Kalmykov
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A Step-By-Step Overview of the EB-5 Escrow Process
Learn about the most common escrow arrangements in EB-5 investments and how they are used to safeguard EB-5 investors.
Kate Kalmykov
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Standard of Proof in EB-5 Adjudications
Kate Kalmykov outlines the standard of proof for EB-5 applications, and when it might be necessary to remind USCIS of this.
Kate Kalmykov
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Understanding Immigration Security Checks
The U.S. Department of State performs security checks on all applicants who file for a U.S. immigrant visa, here is a rundown of the most common criteria for increased scrutiny.
Kate Kalmykov
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Leadership Changes at DHS and USCIS
Kate Kalmykov addresses the recent leadership changes at the DHS and USCIS.
Kate Kalmykov
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Overview of USCIS processing times for I-526 petitions, I-829 petitions, and I-924s
Kate Kalmykov gives an update on the current USCIS processing times for I-526s, I-829s, and I-924s.
Kate Kalmykov
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New EB-5 Program Director Nicholas Colucci Brings Extensive Financial Experience to EB-5 Program Unit
Nicholas Colucci brings a background in financial crimes and investigations to USCIS, perhaps signaling increased scrutiny on source of funds issues.
Kate Kalmykov
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Top 5 Strategies for EB-5 Investors from India
The EB-5 program offers a great opportunity to Indian nationals, Greenberg Traurig, LLP offers insights to help in preparing a successful I-526 petition.
Kate Kalmykov
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EB-5 Retrogression for China: Will it Happen in 2014?
With an increased demand for EB-5 visas it seems inevitable that there will be a retrogression for Chinese investors. When will this happen and what will the effects be?
Kate Kalmykov
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Trends in Vietnamese Source of Funds
Laws and customs in Vietnam pose a unique set of difficulties for Vietnamese EB-5 investors, here is what Vietnamese investors should consider.
Kate Kalmykov
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What the Government Shut Down Taught Us About Working with a Fee-Based Agency versus a Government-Funded Agency
Because USCIS is a fee-based agency, it was able to continue operating during the government shutdown, allowing EB-5 investors to avoid serious issues, such as the aging out of children.
Kate Kalmykov
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USCIS Releases New Form I-526
Form I-526 is an integral component of the EB-5 application process. Read an overview of the whole process and what to look out for on the new Form I-526.
Kate Kalmykov
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USCIS Director Announces Creation of New EB-5 Program Office
The USCIS will open a new office in Washington, D.C. that will adminster the EB-5 Program and will replace the current California Service Center for the adminsitration of the EB-5 Visa Program.
Kate Kalmykov
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Impact of the U.S. Government Shutdown on Pending Immigration Applications
Kate Kalmykov of Greenberg Traurig explains the Impact of the U.S. Government Shutdown on Pending Immigration Applications.
Kate Kalmykov
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Dispelling Common Myths about EB-5
Kate Kalymkov reveals the truth about the most common myths of the EB-5 program.
Kate Kalmykov
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EB-5 Economic Alert: IMPLAN Has Created New Product in Wake of Discontinuation of RIMS II
Kate Kalmykov discusses the new I-RIMS product, and how it will affect existing and future EB-5 projects.
Kate Kalmykov
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Can Investors Receive a Property Interest in an EB-5 Investment?
Kate Kalmykov clears up the common misconception that EB-5 investors can receive rights to physical property in return for their investment.
Kate Kalmykov
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From the Field: Kate Kalmykov attends a networking dinner in Dubai
Read about Kate Kalmykov's participation in Strategic Business Consultant's networking dinner on "What is EB-5?" in Dubai, and see pictures from the event.
Kate Kalmykov
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The Latest Update on the U.S. Government Shutdown Showdown
The U.S. government shutdown is officially over and all government agencies are reopened. Kate Kalmykov outlines several important updates for employers tracking EB-5 job creation.
Kate Kalmykov
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18 Month I-526 Petition Processing Times
USCIS's California Service center is taking up to 18 months to process I-526 petitions, this has many adverse effects on the EB-5 process.
Kate Kalmykov
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Spotlight on Chinese Currency Restrictions
Learn about the existing currency restrictions in China and how these restrictions may affect Chinese EB-5 visa applicants.
Kate Kalmykov
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Reentry Permit Requirements for EB-5 Based Permanent Residents
Learn about how to make an EB-5 investor's reentry process legal and hassle-free.
Kate Kalmykov
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Rights and Responsibilities of a Lawful Permanent Resident
This article outlines the rights and responsibilites LPR status through the EB-5 program accords.
Kate Kalmykov
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OFAC Licenses in EB-5 Petition Processing
Immigration attorneys Kate Kalmykov and James Cormie contribute this informational piece regarding the relevancy of OFAC Licenses in EB-5 Petition Processing.
Kate Kalmykov
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Is it Still Possible to Sell an EB-5 Regional Center?
The USCIS in their recent policy memorandum did not touch upon the issue of Regional Centers submitting an amendment for changes in ownership, making the sale of a Regional Center an uncertainty. Read about this EB-5 visa program gray area and the issues of attempting a Regional Center purchase.
Kate Kalmykov
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Top 5 Trends in EB-5 Source of Funds Cases Filed on Behalf of Russian Investors
The trace on source of funds for EB-5 investments is crucial to proper documentation for foreign investors. Here are the top 5 trends in EB-5 source of funds cases filed for Russian investors that immigration lawyers need to be aware of in order to successfully gain USCIS approval for their clients.
Kate Kalmykov
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The E-2 Bridge: Skipping the EB-5 Queue
You can enjoy residing in the U.S. well before your I-526 petition is approved by applying for an E-2 visa. Find out more about this nonimmigrant visa and how you can stay in the U.S. for two years while you set up your direct EB-5 investment project.
Kate Kalmykov
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What Type of Project Am I?
What is the different between a “hypothetical,” “exemplar,” and “actual” EB-5 project in the context of an I-924 application? Read up on the different types of projects to find out what you need to include on your Regional Center I-924 application.
Kate Kalmykov
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Comprehensive Immigration Reform Bill Passes in Senate
Catch up on the latest EB-5 investment immigration news and read about the Senate bill passed today, anticipated to result in several improvements to the EB-5 visa program.
Kate Kalmykov
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Understanding Timeframes for Obtaining an EB-5 Based Green Card
Want to know how long the processing of EB-5 visas takes? Learn about EB-5 visa processing times so that you can determine how long it will take to obtain a green card through the EB-5 program.
Kate Kalmykov
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USCIS’ FY2013 Q1 and Q2: The Year of the Regional Center
Educate yourself on the trends of the EB-5 visa program FY2013 and read about regional centers statistics. Keep up to date on EB-5 investment immigration and where the USCIS focus is for petitions.
Kate Kalmykov
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Actual, Hypothetical and Exemplar – Understanding the Difference
EB-5 Regional Centers seeking designation must submit an I-924 application to USCIS. Hypothetical, exemplar and actual are different types of projects.
Kate Kalmykov
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EB-5 Amendment Set for Vote
Senator Grassley has introduced an amendment to Senator Leahy’s Amendment 2, which proposes significant changes to the EB-5 Program. On Thursday, the Amendments will go to vote.
Kate Kalmykov
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First Quarter Review of the EB-5 Program – 2013
Data on processing times from the California Service Center of USCIS shows that more I-924 applications have been decided in the first quarter of 2013 than all of the year 2012. Overall, the data shows that stakeholders may be able to see an overall decrease in the processing times for EB-5 applications.
Kate Kalmykov
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Key EB-5 Issues Contained in the Senate Comprehensive Immigration Bill Introduced on April 17, 2013
Introduced today, on April 17th, 2013, the Border Security, Economic Opportunity and Immigration Modernization Act of 2013 details positive changes, including eliminating per country quotas for employment based visa numbers, making the Regional Center program permanent, the recapture of immigrant visa numbers and more, for the EB-5 Immigrant Investor Program.
Kate Kalmykov
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Strategies for Successfully Using Loan Proceeds in EB-5 Investor Cases
These six tips regarding the use of loan proceeds for EB-5 investment by foreign investors review the recent trends and requirements in USCIS adjudications and requests for evidence. Successful EB-5 attorneys should be aware of these trends. These tips dicuss term of the loan, collateral of the loan, interest rate, appraisal for the loan, use rights versus ownership and documentation of ownership.
Kate Kalmykov
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3 New Trends in I-526 RFEs
An EB-5 investor filing their I-526 must prove to the United States Citizenship and Immigration Services that he or she can repay the home equity loan by providing confirmation of how they will do so. Additionally, the investor must provide company bank statements and invoices to prove the ability to pay company equity loans and the work history in the I-526 appliaction will be compared to past non-immigrant visa applications.
Kate Kalmykov
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Top Ten Issues in EB-5 Regional Center I-924 Requests for Evidence
Kate discusses the top issues that prompt I-924 Requests for Evidence for prospective Regional Centers undergoing USCIS designation.
Kate Kalmykov
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Late Breaking News: DOS Changes Its Prediction on EB-5 Visa Numbers – Good News for Chinese Nationals
Great news for Chinese Nationals as the Department of State's Visa Office updated visa usage for 2013. Charles Oppenheim, head of the DOS, no longer expects a "cut off" date to be instituted for Chinese EB-5 applicants.
Kate Kalmykov
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Much Ado About Nothing: USCIS Issues Guidance on Tenant-Occupancy
USCIS has issued a memo that provides guidance when it comes to the use of the tenant-occupancy methodology for meeting EB-5 job creation requirements.
Kate Kalmykov
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CIS Ombudsman Announces Plans to Hold EB-5 Stakeholders Meeting
An EB-5 Stakeholders Meeting has been scheduled by CIS Ombudsman Maria Odom in Washington, D.C. on March 5, 2013.
Kate Kalmykov
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The Price of An EB-5 Based Immigrant Visa Just Got a Little More Expensive
The USCIS will be applying a new fee for those whose EB-5 visas are processed at a U.S. Embassy or Consulate abroad.
Kate Kalmykov
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Steps to Move Forward with Comprehensive Immigration Reform to be Announced on Tuesday – What Implications will this Have for the EB-5 Program?
The White House is expected to announce comprehensive immigration reform plans this week. Learn about the implications that these proposed changes will have on the EB-5 program in this blog post by EB-5 attorney Kate Kalmykov.
Kate Kalmykov
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2.5 Year Rule Stifles Economic Benefits of the EB-5 Program
By requiring job creation forecasts within 2 and a half years of Form I-526 adjudication of the EB-5 visa process, the USCIS is enforcing an unreasonable requirement that does not take into effect business realities.
Kate Kalmykov
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Recent Trends in EB-5 Sources of Funds for Chinese Investors
Several restrictions currently affect Chinese EB-5 investors seeking to document their lawful source of funds.
Kate Kalmykov
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My EB-5 Wish List for 2013
EB-5 attorney Kate Kalmykov disucsses the changes to the EB-5 Visa Program that she would like enacted over the next year.
Kate Kalmykov
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Understanding the Implications of Retrogression in the EB-5 Category
Learn about retrogression and how it affects the EB-5 Visa category in this article by EB-5 immigration attorney Kate Kalmykov.
Kate Kalmykov
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Why the I-924A Annual Compliance Filing is Important for EB-5 Investors
EB-5 regional centers must file form I-924A every year. Learn about what goes into this filing and how this information may benefit EB-5 visa applicants.
Kate Kalmykov
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U.S. House of Representatives Approves Three Year Extension of EB-5 Regional Center Pilot Program
The U.S. House of Representatives has passed a three year authorization of the EB-5 Regional Center Pilot Program in S. 3245. The measure is expected to be ratified by President Obama later this week.
Kate Kalmykov
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Understanding the Employment Based Immigrant Visa Preference Categories
Wondering about the Preference Categories of Employment Based Immigration to the US? Read Attorney Kate Kalmykov's explanation.
Kate Kalmykov
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Expediting an EB-5 Application
Attorney Kate Kalmykov discusses the criteria that may enable a prospective investor to have his or her case expedited by USCIS.
Kate Kalmykov
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Breaking News: U.S. Senate Passes EB-5 Regional Center Pilot Program Reauthorization Measure
U.S. Senate Passes Reauthorization of EB-5 Regional Center Pilot Program.
Kate Kalmykov
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How Would a Sunset of the EB-5 Regional Center Pilot Program Impact Applications Currently Under USCIS Review?
What will happen if the EB-5 Regional Center Pilot Program is not extended by Congress this fall? Kate Kalmykov discusses what will happen to pending EB-5 applications in this blog post.
Kate Kalmykov
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I-9s and EB-5s: What’s the Connection?
Learn how Form I-9, which is often required by federal immigration officials to prove the employment eligibility of new hires, is relevant to the EB-5 visa program.
Kate Kalmykov
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Proving the Lawful Source of Funds
EB-5 investors must prove that their investment originated from a lawful source of funds. Although the documentation that an investor must provide to the USCIS to prove their lawful source of funds can differ from case to case, these pieces of evidence are generally submitted along with the EB-5 filing.
Kate Kalmykov
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Department of State Provides Data on EB-5 Visa Usage
The U.S. State Department has released data illustrating EB-5 visa usage to date. It appears that the visa category may become exhausted in the future.Kate Kalmykov
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Will There be Backlogs in the EB-5 Category?
The EB-5 visa program reserves 10,000 annual visas for those who participate in the program. There has been a surge in the number of applicants in recent years. However, will this surge equate with a backlog of available EB-5 visas?
Kate Kalmykov
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USCIS Will Offer Stakeholders Opportunity to Speak With EB-5 Staff Economists
The United States Citizenship and Immigration Services (USCIS) will be giving its stakeholders the ability to speak with USCIS economists. These economists will address issues regarding the EB-5 tenant occupancy methodology.
Kate Kalmykov