Kate Kalmykov Shareholder Business Immigration & Compliance kalmykovk@gtlaw.com Direct:

Transcription

1 Kate Kalmykov Shareholder Business Immigration & Compliance Direct: New Jersey 500 Campus Drive Suite 400 Florham Park, NJ T F New York MetLife Building 200 Park Avenue New York, NY T F Kate Kalmykov focuses her practice on business immigration and compliance. She 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. Kate has extensive experience working on EB-5 immigrant investor matters. She regularly works with developers across a variety of industries, as well as private equity funds on developing new projects that qualify for EB-5 investments. This includes creation of new Regional Centers, having projects adopted by existing Regional Centers or through pooled individual EB-5 petitions. For existing Regional Centers, Kate regularly helps to prepare amendment filings, file exemplar petitions, address removal of conditions issues and ensure that they develop an internal program for ongoing compliance with applicable immigration regulations and guidance. She also counsels foreign nationals on obtaining greencards through either individual or Regional Center EB-5 investments, as well as issues related to I-829 Removal of Conditions. Moreover, Kate also works with various human resources departments on I-9 employment verification matters as well as H-1B and LCA compliance. She regularly counsels employers on due diligence issues including internal audits and reviews, as well as minimization of exposure and liabilities in government investigations. Professional & Community Involvement Founding Member, The EB-5 Immigration Coalition, Chair, Council of Jewish Émigré Community Organizations (COJECO), 2016 Board Member, Co-Chair, Southern California EB-5 Conference, Conference Committee, EB5Investors.com, Editorial Board Member, EB-5 Investor Magazine Member, Asian American Bar Association of New York Member, American Bar Association Co-Chair, Committee on Immigration and Naturalization, Section of Administrative Law, 2011-Present Vice-chair, Immigration and Naturalization Sub-Committee, Section of International Law, Programs chair, Immigration Litigation Committee, Section of Litigation, Member, American Immigration Lawyers Association Member, Annual Conference Planning Committee, Member, Distance Learning Committee, Member, American Immigration Lawyers Association, New Jersey chapter Member, New Jersey Customs and Border Protection (CBP) Liaison Committee, Member, American Immigration Lawyers Association, New York chapter Member, New York United States Citizenship and Immigration Services (USCIS), District Director Liaison Committee, Chair, Continuing Legal Education Committee,

2 Secretary, New York United States Citizenship and Immigration Services (USCIS), District Director Liaison Committee, Member, Corporate Practice Committee, Member, American Immigration Lawyers Association, Washington D.C. chapter Chair of the Year, Education Committee, Conference Committee, Member, Gala Committee, China U.S. Economic Finance and Investment Dialogue and CGCC Annual Gala, 2014 Member, New York Bar Association Member, New Jersey Bar Association Member, Membership Committee, International Medical Graduate Taskforce Awards & Recognition Editor, No. 3 Immigration Blog (Traffic), EB-5 Insights blog ( LexBlog Am Law 200 Blog Benchmark Report, 2015 Recipient, "Best Contribution to EB-5," U.S. Investment Immigration Forum, 2015 Recipient, "Summit Ambassador Award," Invest in America, 2015 Recipient, "Significant Contribution to EB-5," Invest in America, 2015 Listed, Chambers USA Guide, Listed, The Legal 500 United States, Labor and Employment - Immigration, Listed, Super Lawyers magazine, New York Super Lawyers, "Rising Star," Listed, EB5Investor magazine's "Top 25 EB-5 Attorneys," Team Member, Lexology s Client Choice Award USA & Canada, United States: New Jersey, 2013 Selected, New Jersey Law Journal, "New Leaders of the Bar," 2012 Outstanding Subcommittee Chair, American Bar Association, Litigation Section, Immigration Litigation Committee, Education Committee Co-Chair of the Year/Conference Committee Co-Chair, American Immigration Lawyers Association (AILA), Washington D.C. chapter, 2007 Articles, Publications & Lectures Articles Co-Author, "Employment Eligibility: Form I-9 and the Verification Requirements," New Jersey Law Journal, January 29, 2016 Co-Author, "An Investment as a Path to a Green Card," New Jersey Lawyer, December 2015 Co-Author, "H-1B Cap Season Is Fast-Approaching: What Your Clients Need to Know," New Jersey Law Journal, November 23, 2015 Quoted, "Wait, You Can Get An O-1 Visa For That?" Law360, September 3, 2015 Quoted, "5 Tips For Crafting An O-1B Visa Petition For An Artist," Law360, September 1, 2015 Quoted, "Tough AAO Odds May Push More Immigration Fights To Court," Law360, August 26, 2015 Quoted, "US Clarifies EB-5 Amid Continued Chinese Demand," Law360, August 11, 2015 Quoted, "EB-5 is at a Crossroads," The Real Deal, June 1, 2015 Quoted, "5 Considerations For Banks Eyeing EB-5 Bridge Lending," Law360, May 26, 2015 Quoted, "EB-5 Program May Prove Fertile Ground For Lawsuits," Law360, May 11, 2015 Co-Author, "New Regulations Go Into Effect for J-1 Visas," New Jersey Law Journal, March 11, 2015

3 Quoted, "5 Things To Watch For As Congress Debates EB-5 Renewal," Law360, January 14, 2015 Featured, "Chinese investors are ready when faced with EB-5 investment funds," Immigration Times magazine, Fall 2014 Quoted, "Dissecting NYC s Luxury Market," The Real Deal, September 1, 2014 Quoted, "Chinese Investors, US Developers Anxious About EB-5 Delays," Law360, August 28, 2014 Contributing Author, "Initial Regional Center Proposals and Regional Center Amendment Applications," Immigration Options for Investors & Entrepreneurs, Third Edition, August 2014 Editor, What Every Lawyer Needs to Know About Immigration Law, American Bar Association, August 2014 Quoted, "EB-5: Use It, But With Caution," GlobeSt.com, July 18, 2014 Quoted, "Investing in EB-5: Cash for Green Cards," Wealth Daily, July 8, 2014 Quoted, "What Miami's EB-5 Designation Really Means," Daily Business Review, May 20, 2014 Quoted, "Miami Program Aims to Attract Immigrant Investors, Offers Green Cards," South Florida Business Journal, May 19, 2014 Quoted, "Rich Chinese overwhelm U.S. visa program," CNNMoney, March 25, 2014 Mentioned, "Green Cards on Offer to New York Investors," Viet Nam News, March 15, 2014 Quoted, "More NYC Developers Tap Cheap EB-5 Capital," The Real Deal, November 1, 2013 Quoted, "5 Tips For Incorporating EB-5 Into Real Estate Projects," Law360, September 13, 2013 Quoted, "EB-5: Worthwhile, But Complex," Real Estate Forum, September 12, 2013 Quoted, "SEC Cracks Down on Development Green Card Program," The Real Deal, September 11, 2013 Author, "Are the Odds in Your Favor?" Gaming and Leisure magazine, Summer 2013 Featured, "Introducing Kate's Corner," and Author, "Non-Immigrant Visa Options for EB-5 Investors Interested in Processing for the Green Card in the United States," EB-5 Investors magazine, Spring 2013 Quoted, "Waterparks Explore Funding Alternatives," Aquatics International, June 1, 2013 Quoted, "Senate Pushes EB5 Visa's Limits," Miami Today, April 2013 Author, "EB-5 Regional Centers Will Need to Wait a Little Longer for Loosening of Restrictions on Advertising," The National Law Review, July 18, 2012 Mentioned, "Lure of Immigrant Investors Piquing Interest of New York City Developers," Real Estate Weekly, June 13, 2012 Author, "How Many EB-5 Visas Are There?" The National Law Review, June 12, 2012 Mentioned, "EB-5 Financing a Hot Topic at Sellout NAIOP-NYC Breakfast Seminar," City Biz Real Estate, June 11, 2012 Co-author, "EB-5 Overview: Tips for Preparing a Successful Case," Immigration Practice Pointers, Ed., AILA Publications, pg Author, "Due Diligence Questions to Ask When Seeking to Have Your Project Adopted by an Existing Regional Center," The National Law Review, January 23, 2012 Co-Author, "Immigration Announces Plans to Crackdown on Employers: Will Your Company Be the Next Target?" April 25, 2011 Author, "Foreign Investment: A Path to Permanent Residence Through Job Creation," American Immigration Lawyers Association: VOICE, March/April 2011 Author, "USCIS Issues New I-9 Guidance: What's All the Fuss About?" The Legal Intelligencer, March 2011 Quoted, "NW Ohio Seeks Hub for Foreign Investors Seeking Citizenship," Toledo Free Press, December 16, 2011 Interviewee, "A Source of Correct Information, Best Practices and Issues of Concern on the EB-5 Visa Immigrant Investor Program from Professional Practitioners not Filtered Through the Chinese Agent/Broker Market," Chinese

4 Television, December 2010 Featured, "Attorneys Contribute Many New EB-5 Visa Articles to EB5info.com," EB-5 Visa News, August 2010 Author, "US Immigration Services Revamps E-Verify with Mixed Results," The Legal Intelligencer, June 2010 Author, "Immigration Obligations in Times of Economic Downturn: Consequences of Workforce Changes Involving Foreign Nationals," Business Law Today, January/February 2010 Co-Author, "Immigration and Naturalization," American Bar Association, Developments in Administrative Law and Regulatory Practice, 2010 Co-Author, "Immigration Compliance Vital to Avoid Fines, Criminal Sanctions," Nation's Restaurant News, December 2009 Author, "Employers Prepare for Investigations After Internal ICE Memo Became Public," The Legal Intelligencer, October 2009 Author, "An Overview of the Changing Definition of Specialized Knowledge," Volume XI, Issue 1, Immigration & Naturalization Committee Newsletter, American Bar Association, Section of International Law, Summer 2009 Co-Author, "Immigration and Nationality Law: 2008 Year in Review," The International Lawyer, Volume 43 Number 2, a publication of the American Bar Association, Section of International Law, Summer 2009 Author, "Downsizing and Layoffs: Immigration Strategies for Employers," The Legal Intelligencer, March 2009 Author, "Restrictions on the L-1B Visa and what this Means for Employers and the Economy," The Legal Intelligencer, October 2008 Co-Author, "Operators, Be Prepared for New Immigration Regulations: Don't Let Your Business Be Caught Off Guard As Government Officials Crack Down With No-Match Letters," Nation's Restaurant News, September 2007 Co-Author, " No Match Regulation Will Have Monumental Impact," Employment Law360, August 2007 Contributor, "Immigration Compliance: Are You Next?" Builder/Architect Magazine, March 2007 Blogs Editor, EB-5 Insights: Where Government Policies and Business Realities Converge Lectures Panelist, "Hot Topics in EB-5 Adjudications in 2015," Overseas Investment and International Wealth Management Forum (OIIF), Shanghai, China, November 6-7, 2015 Panelist, "The Effect of New Immigration Policies on EB-5 Project and the EB-5 Development Trend," Overseas Investment and International Wealth Management Forum (OIIF), Shanghai, China, November 6-7, 2015 Presenter, "Start-Up Law" Series, Harvard Law School, November 3, 2015 Presenter, 4th Annual U.S. Investment Immigration Forum (USIIF), Shenzhen, China, October 15-17, 2015 Presenter, The 2015 China Overseas Investment and Entrepreneurship Summit, October 9-11, 2015 Presenter, The Real Deal s U.S. Real Estate Showcase & Forum in Shanghai, China, September 11-12, 2015 Presenter, "Due Diligence in EB-5 Cases," American Immigration Law Association (AILA) EB-5 Investors Summit, Las Vegas, NV, August 27-28, 2015 Moderator, "Investing Cash From Loan Proceeds: Indebtedness, Cash is Cash, RFE s and NOIDS," EB-5 Investor Magazine Annual Conference, Los Angeles, CA, August 2-3, 2015 Presenter, "Putting Together the Pieces of EB-5," Greenberg Traurig and Westcor Seminar, June 23, 2015 Presenter, "Everything You Need to Know About TEAs," 2015 Invest in America, Shenzhen, China, March 18, 2015 Presenter, "What Investors Need to Know About Permanent Resident Status," 2015 Invest in America, Shanghai, China, March 15, 2015 Presenter, "Latest Updates about the Pending Retrogression," U.S. Investment Immigration Forum (USIIF), March 7-8, 2015

5 Presenter, "Maturation of the EB-5 Program: Flight to Quality and Globalization," NES Financial EB-5 Innovation Summit, New York, NY, February 24, 2015 Presenter, "Post-Graduate Immigration Options with a Focus on the USCIS EB-5 Visa Program," University of Michigan, February 18, 2015 Speaker, City of Miami EB-5 Regional Center's Informational Conference, Miami, FL, January 26, 2015 Keynote Speaker, Las Vegas EB-5 Conference, Las Vegas, NV, January 17, 2015 Guest Speaker, "EB-5: Immigration Program for Job Creation & Creative Financing for Commercial Real Estate," The Stoler Report, December 10, 2014 Speaker, "EB-5 Chinese Capital," AICPA National Real Estate Conference, Grapevine, TX, November 7-8, 2014 Keynote Speaker, 2nd Session of U.S. Investment Immigration Forum, USI2F, Shenzhen, China, October 29-30, 2014 Presenter, "Understanding the Impact of Visa Retrogression for Chinese EB-5 Applicants Webinar," GT Webinar, September 3, 2014 Panelist, "EB-5: Use It, But With Caution," EB-5 Visa Financing for Real Estate Development Conference, New York, NY, July 18, 2014 Panelist, "China Issues," AILA 2014 EB-5 Investors & Regional Centers CLE Conference, Chicago, IL, August 22-23, 2014 Panelist, "EB-5 Financing for Hotel Developers," EB5Investors.com Southern California EB-5 Conference, Newport Beach, CA, July 21, 2014 Moderator, "Introduction to EB-5 Marketing Overseas," EB5Investors.com Southern California EB-5 Conference, Newport Beach, CA, July 21, 2014 Panelist, "EB-5 Financing for Real Estate Development in NYC," Mortgage Bankers Association of New York (MBANY) Seminar, New York, NY, July 17, 2014 Speaker, "EB-5 Investors as a Vehicle for Franchise Network Expansion," International Franchise Expo, New York, June 19-21, 2014 Panelist, "EB-5 Funding for Real Estate Development," New York Private Equity Network Seminar, New York, NY, June 17, 2014 Moderator, "U.S. Immigration Panel Discussion," Invest in America Conference, Shanghai, China, March 22, 2014 Moderator, "The Legal Design and Risk Prevention of the Immigration Investment Projects," U.S. Investment Immigration Forum (USI2F) Conference Shenzhen, China, March 19, 2014 Moderator, "The New EB-5 Worry Retrogression What is it and How Do We deal With It? An Overview of the State Department s Visa Process and How It Can Affect the EB-5 Visa," U.S. Investment Immigration Forum (USI2F) Conference Shenzhen, China, March 19, 2014 Moderator, "Dispelling Common EB-5 Myths," U.S. Investment Immigration Forum (USI2F) Conference, Shenzhen, China, March 19, 2014 Moderator, "Agent and Developer Successful Relationships are Mutually Beneficial: Tips for the Beginners," U.S. Investment Immigration Forum (USI2F) Conference Shenzhen, China, March 17, 2014 Speaker, 2014 Success Strategies for EB-5 Regional Centers Seminar, NES Financial, New York, NY, February 4, 2014 Co-Panelist, "EB-5 Essentials Panel," American Immigration Lawyers Association Midyear Conference, Grand Cayman, Cayman Islands, January 24, 2014 Co-Presenter, "EB-5 and Public Finance," AICPA National Real Estate Conference, Las Vegas, NV, November 8, 2013 Co-Panelist, "Hot Topics - Immigrant Visas," Advanced Corporate Immigration Law Conference, Newark, New Jersey, October 23, 2013 Co-Panelist, "How To Use EB-5 Financing In A Credit Restricted Market," Mortgage Bankers Association of New

6 York Luncheon, New York, NY, September 10, 2013 Co-Chair, 16th Annual AILA New York Chapter Immigration Law Symposium, December 2, 2013 Speaker and Conference Committee Co-Chair, Southern California EB-5 Conference, EB5Investors.com, Newport Beach, CA, July 15, 2013 Moderator, "Efficiently Managing and Operating an EB-5 Regional Center," 3rd Annual EB-5 Investment Summit: Dealmakers Conference, Long Beach, CA, May 30, 2013 Panelist, "Investors I-526 Petition Process and Latest RFE Trends," 3rd Annual EB-5 Investment Summit: Dealmakers Conference, Long Beach, CA, May 30, 2013 Moderator, "Is EB-5 an Option?" EB-5 Conference: Show Me the Jobs, Miami, FL, May 2, 2013 Speaker, "Reforming Immigration for a Better America," U.S. Chamber of Commerce, April 26, 2013 Speaker, 2013 Artisan National EB-5 Finance Seminar Tour, New York, NY, April 10, 2013 Speaker, Shanghai's 2013 Invest in America Summit & Exhibition, March 2013 Speaker, 2013 Artisan National EB-5 Finance Seminar Tour, Phoenix, AZ, March 5, 2013 Speaker, "Strategic Business Consulting in the Dubai Capital Club," EB-5 Finance Seminar, February 7-8, 2013 Featured Expert Speaker, "2013 National EB-5 Finance Seminar Tour," The Artisan Business Group, January 16, 2013 Speaker, "The EB-5 Summit for Attorneys and Developers," ILW conference, New York, NY, December 14, 2012 Panelist, "Lion Taming - Visas for Entrepreneurs," 15th Annual AILA New York Chapter Immigration Law Symposium, New York, NY, December 3, 2012 Speaker, "Government Programs - Credits and Incentives that Continue to Fuel Development," National Real Estate Conference, American Institute of CPAs, Las Vegas, NV, November 5, 2012 Speaker, "EB-5 RC Designation & the Latest Trends in I-924 RFE," The Bottom Line: Capturing EB-5 Capital from China and Korea Workshop, Washington, DC, October 15, 2012 Speaker, "EB-5 Visas: Investments and New Jobs," GT EB-5 Event on Behalf of the Wharton University of Pennsylvania Club of South Florida, August 27, 2012 Speaker, "The Nuts and Bolts of EB-5 Offerings," 2012 US-China-India Investment and Business Forum, Chicago, IL, August 23, 2012 Speaker, Southern California's EB-5 Conference with US Congressman Lamar Smith, Newport Beach, CA, July 30, 2012 Speaker, "EB-5 for Beginners," America Immigration Lawyers Association Annual Conference, Nashville, TN, June 13, 2012 Speaker, "EB-5 Financing," NAIOP NYC Breakfast Series, New York, NY, June 6, 2012 Panelist, "EB-5 101," American Immigration Lawyers Association, New York, NY, May 22, 2012 Speaker, "Finding Balance Between the EB-5 Regional Center Program, Foreign Direct Investment and Business Realities," Overseas Funding Conference, New York, NY, May 16-17, 2012 Speaker, "Practice Tips in Documenting the Successful EB-5 Case," American Immigration Lawyers Association EB -5 Investors & Regional Centers Conference, Bahamas, April 20, 2012 Moderator, "Hot Topics in EB-5," Section of Litigation Lunch and Learn Series, American Bar Association, March 14, 2012 Speaker, "U.S. Project Development Funding Options: Traditional, Non-Traditional, EB-5 and other Foreign Sources of Capital," The EB-5 Workshop, Orlando, FL, March 5, 2012 Speaker, "Ask the Experts," American Immigration Lawyers Association, New York, NY, February 13, 2012 Co-presenter, "Rolling the Dice on EB-5: How to Play by the Rules and Stay Ahead of the Game," Breakfast Informational Session, Greenberg Traurig, LLP, Santa Monica, CA, January 24, 2012

7 Co-presenter, "Rolling the Dice on EB-5: How to Play by the Rules and Stay Ahead of the Game," Breakfast Informational Session, Greenberg Traurig, LLP, Irvine, CA, January 23, 2012 Co-presenter, "Rolling the Dice on EB-5: How to Play by the Rules and Stay Ahead of the Game," Breakfast Informational Session, Greenberg Traurig, LLP, Las Vegas, NV, January 19, 2012 Faculty member, "EB-5 Practice Fundamentals," Web Seminar, American Immigration Lawyers Association, New York, NY, January 12, 2012 Co-presenter, "In the Pursuit of the Elusive Green Card, Is EB-5 Really an Option-Yes! (Maybe)," 14th Annual AILA New York Chapter Immigration Law Symposium, New York, NY, December 1, 2011 Speaker, "Legal Considerations for International Students Including the OPT/H1-B/and Permanent Residency in the US," Columbia University Center for Career Education, New York, NY, November 30, 2011 Speaker, "Recent Developments in Employment Based Immigration Adjudication," Administrative Law Conference, Georgetown University, November 17-18, 2011 Speaker, 2011 Fall EB-5 CLE Conference, San Antonio, TX, October 20-21, 2011 Speaker, "EB-5 Investors & Regional Centers-Navigating Through New Challenges and Building a Sound Practice," American Immigration Lawyers Association, October 2011 Co-presenter, "Immigration and Naturalization," Developments in Administrative Law and Regulatory Practice 2010, American Bar Association, July 2011 Organizer and Moderator, "Avoiding Securities Pitfalls When Advising EB-5 Clients," ABA Section of Litigation, Immigration Litigation Committee, Lunch and Learn Teleconference, May 2011 Speaker, "Immigration Options for Students After Graduation," Rutgers University, March 2011 Speaker, "Immigration Options for Students After Graduation," New York University, March 2011 Speaker, "EB-5 Investors & Regional Centers Conference: Emerging Issues & Winning Strategies For Your Clients and Your Practice," American Immigration Lawyers Association, March 2011 Speaker, "Immigration Opportunities for Clinicians and Post-Doctoral Researchers," Columbia College of Physicians and Surgeons, February 2011 Speaker, "It s the Economy Stupid! Poor Return on Investment- E-1s, E-2s, EB-5s and the Economy," American Immigration Lawyers Association, Midyear CLE Conference, January 2011 Speaker, "Immigration Options for Students After Graduation," Columbia University, January 2011 Interviewee, "EB-5 Immigrant Investor Program," China Stock TV, a division of the FuDong Cultural Dissemination Company, LTD, November 2010 Speaker, "The Impact of Immigration Law: What Every Lawyer Should Know," American Bar Association, Administrative Law Conference, November 2010 Speaker, "Investing in America- Making EB-5 Work for Your Clients and Your Practice" and "Preparing the EB-5 Case- Practice Tips and Documentation," American Immigration Lawyers Association, August 2010 Speaker, "Introduction to US Immigration for the International Business Person," Columbia Business School, June 2010 Speaker, "Immigration Options for Clinicians and Post-Doctoral Researchers," University of Medicine and Dentistry of New Jersey, March 2010 Speaker, "The World of Immigration: Options for Entertainers," The American Academy of Dramatic Arts, March 2010 Speaker, "Employer Compliance and Worksite Enforcement," American Immigration Lawyers Association, New York Chapter, March 2010 Speaker, "Navigating Immigration and Visa Issues: A Primer for Postdocs and Young Scientists," The New York Academy of Sciences in conjunction with Science Alliance, March 2010 Speaker, "Immigration Options After Graduation," Columbia University, March 2010

8 Speaker, "Immigration Opportunities for Clinicians and Post-Doctoral Researchers," Columbia University Medical Center, February 2010 Speaker, "Immigration Considerations for a Post-Yale World," Yale University, November 2009 Speaker, "Post-Student Years: Immigration Options," Fairleigh Dickinson University, November 2009 Speaker, "Visa and Permanent Residence Options for the Entrepreneurial Student," Yale University, School of Management, November 2009 Speaker, "AVOID GETTING ICE'D: What In-House Counsel and Companies Need to Know about Immigration, I-9s & E-Verify," American Bar Association, 2009 Section of Litigation Annual Conference, April 2009 Speaker, "The Impact of the Recession on the Foreign National Community," Columbia University Business School, April 2009 Speaker, "Alliance Online: US Visas and Immigration," New York Academy of Sciences, April 2009 Speaker, "Post OPT: Immigration Options for Foreign Students," Columbia University, April 2009 Speaker, "Post OPT: Immigration Options for Foreign Students," Fairleigh Dickinson University, November 2008 Speaker, "Post Student Years: Immigration Options," Columbia University, November 2008 Speaker, "Immigration Options for Foreign Students," New York University, October 2008 Education J.D., American University Washington College of Law, 2005 M.A., International Affairs, American University, 2005 B.A., magna cum laude, International Studies, American University, 2002 Admitted to Practice New Jersey New York U.S. District Court for the District of New Jersey Languages Russian, Fluent