Lillian Kalmykov

Contact Details


 Business Immigration & Compliance


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 and Community Involvement

>     Founding Member, The EB-5 Immigration Coalition, 2014-2016

>     Chair, Council of Jewish Émigré Community Organizations (COJECO), 2016

     Board Member, 2013-2015

> Co-Chair, Southern California EB-5 Conference, Conference Committee,, 2013- 2014

>     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, 2010- 2012

        Programs chair, Immigration Litigation Committee, Section of Litigation, 2010-2012

>     Member, American Immigration Lawyers Association

        Member, Annual Conference Planning Committee, 2010-2012

        Member, Distance Learning Committee, 2011-2012

>     Member, American Immigration Lawyers Association, New Jersey chapter

        Member, New Jersey Customs and Border Protection (CBP) Liaison Committee, 2012-2014

>     Member, American Immigration Lawyers Association, New York chapter

        Member, New York United States Citizenship and Immigration Services (USCIS), District Director Liaison Committee, 2012-2014

        Chair, Continuing Legal Education Committee, 2009-2011

        Secretary, New York United States Citizenship and Immigration Services (USCIS), District Director Liaison Committee, 2009-2011

        Member, Corporate Practice Committee, 2008-2014

>     Member, American Immigration Lawyers Association, Washington D.C. chapter

        Chair of the Year, Education Committee, Conference Committee, 2007-2008

> 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 and Recognition

>     Recipient, "Summit Ambassador Award," Invest in America, 2015-2016

>     Listed, Chambers USA Guide, 2013-2016

>     Listed, The Legal 500 United States, Labor and Employment - Immigration, 2015-2016

>     Listed, Super Lawyers magazine, New York Super Lawyers, "Rising Stars," 2012-2016

>     Listed, EB5Investor magazine's "Top 25 EB-5 Attorneys," 2013-2016

>     Recipient, "Best Contribution to EB-5," U.S. Investment Immigration Forum, 2015







> Editor, No. 3 Immigration Blog (Traffic), EB-5 Insights blog (, LexBlog Am Law 200 Blog Benchmark Report, 2015

>     Recipient, "Significant Contribution to EB-5," Invest in America, 2015

>     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, 2010-2011

> 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, "New Immigration Standard Would Benefit US Employers, Start-Ups," The Legal Intelligencer, February 3, 2017

> Author, "Immigration Strategies for Employers During Layoffs," New Jersey Law Journal, August 17, 2016

> Co-Author, “What Every Lawyer Needs to Know About Immigration Law,” American Bar Association, 2014

> Co-Author, “Fast-Track Green Cards for the Best and Brightest,” New Jersey Law Journal, March 30, 2016

>    Featured, “New Factors May Change Odds in 2017 H-1B Cap Season,” Law360, February 22, 2016

> Co-Author, “Employment Eligibility: Form I-9 and the Verification Requirements,” New Jersey Law Journal, January 29, 2016

> 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

>    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,", 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, 2012-13 Ed., AILA Publications, pg. 328-332

> 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 Television, December 2010

> Featured, "Attorneys Contribute Many New EB-5 Visa Articles to," 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


>    Editor, EB-5 Insights: Where Government Policies and Business Realities Converge


> Presenter, “Coming to America: EB-5 Programs,” American Bar Association Forum on Franchising, November 3, 2016

>    Panelist, “Solutions to the EB-5 waiting line,” 2016 Invest in America, Shenzhen, China, May 19, 2016

>     Appearance, China Business Network (CBN) Television, April 2016

>    Panelist, "Migration Agents Roundtable," 2016 Invest in America, Beijing, China, March 17, 2015

>    Panelist, "Case Study of an EB-5 project,” 2016 Invest in America, Shanghai, China, March 12, 2015

>     Panelist, ImmiCa, March 9, 2016

> Moderator, “Going Global: Trends in EB-5 marketing and Due Diligence,” Las Vegas EB-5 Conference, Las Vegas, NV, January 16, 2016

>     Presenter, 2016 NES Financial EB-5 Summit, New York, February 2016

> 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

> 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," Southern California EB-5 Conference, Newport Beach, CA, July 21, 2014

> Moderator, "Introduction to EB-5 Marketing Overseas," 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 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,, 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