Immigration Insights

In this episode of Greenberg Traurig's Immigration Insights Podcast, host Kate Kalmykov invites fellow GT Shareholder Cole Heyer to discuss the evolving state of Temporary Protected Status (TPS) and its implications for employers and foreign nationals.

The hosts provide a country-by-country review of TPS program statuses as of August 2026, examining how the current administration's efforts to terminate multiple TPS designations have triggered a wave of federal litigation that has created an unpredictable compliance environment. Using Haiti TPS as a prime example, Kate and Cole illustrate how competing court orders have forced employers to repeatedly toggle workers on and off payroll, and how the complexity of automatic EAD extensions has created significant risk of I-9 compliance errors and inadvertent discrimination claims.

Their conversation also covers best practices for employers, including HR training, monitoring USCIS and E-Verify resources, and tracking litigation developments. They address the heightened risks of travel for TPS beneficiaries in the current enforcement climate, and survey the alternative immigration pathways available to affected workers, including H-1B sponsorship, employment-based green card sponsorship, asylum, family-based immigration, and self-sponsored categories such as extraordinary ability and national interest waivers.

The episode closes with a look ahead at upcoming TPS expiration dates for El Salvador and Ukraine, and the legal and geopolitical factors that could be impactful.

Did you know you could be a U.S. citizen -- and owe years of U.S. taxes -- without even realizing it? In this episode of Greenberg Traurig's Immigration Insights Podcast, Kate Kalmykov, host and chair of the firm's immigration & Compliance Practice, and Barbara Kaplan, shareholder in the firm's Tax Practice, address the concept of the "accidental American": individuals born in the U.S. to foreign parents, or born abroad to U.S. citizen parents, who may have spent their entire lives outside the country yet carry significant U.S. tax and immigration obligations.

Kate and Barbara discuss the far reach of IRS enforcement, the dangers of relying on local foreign tax advisors, the consequences of failing to file information returns, and the complex interplay between renouncing citizenship and the U.S. exit tax regime. They also tackle a common and costly misconception: that simply letting a green card expire ends your US tax residency.

Whether you are an international tax professional, a foreign national with U.S. ties, or an American who has never set foot in the U.S., this episode is a must-listen.

In this episode of the Immigration Insights Podcast, co-chairs of Greenberg Traurig's Global Immigration & Compliance Practice Kate Kalmykov and Courtney Brooks discuss how artificial intelligence is transforming USCIS adjudications and what employers and applicants need to know to stay ahead of an increasingly demanding compliance environment.

The hosts explain that Requests for Evidence (RFEs) have surged across all visa categories and are now broader, more detailed, and informed by data pulled from external sources including government databases, business registries, and social media. AI is enabling officers to cross-reference filings with a speed and thoroughness that was not previously possible, making consistency across filings, organizations, and time a critical concern.

Kate and Courtney walk through the key visa categories most affected including H-1B, L-1, O-1 and EB-1A petitions. National Interest Waiver denials and RFEs have risen sharply, with officers pressing for measurable, demonstrable impact.

On the I-9 compliance front, enforcement has intensified, penalties have increased, and AI is being used to map related corporate entities and extend audits across them. Unprecedented cross-agency coordination among USCIS, ICE, DOL, IRS, SSA, and CBP means that tax, payroll, and other records are now readily accessible to adjudicators across contexts.

The hosts close with practical takeaways: to centralize and standardize immigration filings, conduct proactive internal audits, use AI tools to anticipate what the government may find, prepare thorough documentation upfront, and communicate transparently with employees about the current climate. Both agree that AI-driven adjudication is here to stay and that organization, consistency, and preparation are the keys to navigating it successfully.

In this episode of the Immigration Insights Podcast, host Kate Kalmykov and her colleague Jennifer Hermansky, both members of Greenberg Traurig's Global Immigration and Compliance Practice, break down the most pressing developments in the EB-5 regional center program as a critical deadline approaches.

The discussion opens with a detailed explanation of the September 30, 2026 grandfathering deadline established under the EB-5 Reform and Integrity Act (RIA). Investors who file their I-526E petition before that date will be protected in their immigration journey regardless of whether Congress reauthorizes the EB-5 program beyond its current sunset date of September 30, 2027.

The hosts explain what grandfathering does and does not protect, including the anticipated inflation-based investment amount adjustment coming in January 2027, the continued applicability of the Child Status Protection Act, and the potential for Congress to introduce new program requirements upon reauthorization.

Kate and Jen offer practical guidance for investors seeking to file before the deadline, emphasizing the importance of early preparation, thorough source of funds documentation, and avoiding last-minute filings.

A significant portion of the episode is also devoted to a series of favorable Administrative Appeals Office (AAO) decisions overturning USCIS denials in cases involving partial investments.

The episode concludes with breaking news: on the day of recording, July 1, 2026, USCIS released its long-awaited Notice of Proposed Rulemaking implementing the RIA -- more than four years after the law's enactment. Kate and Jen note that there will be follow-up podcast and detailed analysis once they have completed their review!

In this episode of the Immigration Insights podcast, Greenberg Traurig Global Immigration and Compliance Group co-chair Kate Kalmykov and shareholder Jennifer Hermansky discuss the writ of mandamus - a federal litigation tool available under the Administrative Procedures Act that can be used to compel government action when immigration agencies unreasonably delay adjudication of pending cases.

Their discussion covers the resurgence of mandamus filings following COVID-19-related processing slowdowns across USCIS, the Department of Labor, and consular posts worldwide.

The episode gives particular attention to EB-5 cases, including the distinct statutory and regulatory frameworks governing I-526/I-526E petitions, I-829 petitions, and I-956F project approvals, and how the EB-5 Reform and Integrity Act of 2022 has affected the mandamus analysis.

Kate and Jen also address the doctrine of consular non-reviewability and the challenges of using mandamus to address delays at overseas embassies and consulates. They also emphasize throughout that mandamus is a tool that must be used prudently.

The episode concludes with a broader look at mandamus applications across family-based immigration, naturalization, asylum, and employment authorization contexts, as well as a discussion of emerging processing time concerns for EAD cards and advance parole documents.

In this episode of the Immigration Insights Podcast, Greenberg Traurig attorneys Kate Kalmykov and Miriam Thompson discuss the significant shift in I-9 enforcement signaled by ICE's March 2025 guidance memo - and what it means for employers across all industries.

The discussion opens with an explanation of the new guidance, which reclassifies numerous previously correctable, technical I-9 violations as substantive ones that trigger immediate fines. They walk through specific examples across each section of the Form I-9, explaining how errors that employers once assumed could be fixed during an audit may now result in penalties ranging from $288 to $2,861 per form - a figure that can grow rapidly for employers with large or multi-entity workforces.

Kate and Miriam also address the concept of continuing violations and the five-year statute of limitations in the I-9 context, explaining why legacy errors on forms for current employees can remain actionable for years if left uncorrected.

They talk about the heightened risks associated with electronic I-9 systems, the strict compliance obligations tied to remote document verification for E-Verify participants, and the government's increasingly expansive use of data from partner agencies to identify non-compliant employers.

The episode concludes with practical guidance on how employers can get ahead of enforcement, including conducting proactive internal audits with counsel, implementing I-9 training programs and hiring handbooks, and developing a rapid response plan for when a Notice of Inspection arrives - noting that recent audits have seen ICE decline to grant the extensions that were more commonly available in the past.

In this episode of the Greenberg Traurig's Immigration Insights Podcast, host Kate Kalmykov is joined by GT colleagues Jen Hermansky and Michael Eisenstadt to analyze the USCIS Policy Memorandum issued on May 21, 2026, which represents a shift in how the agency intends to handle adjustment of status (AOS) -- the process by which foreign nationals in the United States apply for a green card without leaving the country.

The memo reframes AOS as an "extraordinary benefit" subject to broad agency discretion, suggesting that most applicants should instead pursue consular processing at a U.S. embassy or consulate abroad. The panelists question whether this shift is operationally feasible given consulate understaffing, existing visa processing backlogs, and the ongoing pause on immigrant visa processing for nationals of 75 countries.

Their discussion covers the memo's discretionary balancing test, its implications for a wide range of visa holders, and the tension between the memo's guidance and existing statutory provisions that already permit AOS filings in many of the situations the memo treats as negative factors.

They share practical guidance including maintaining underlying nonimmigrant status, exercising caution around international travel for advance parole holders, and building documentation of economic and national interest arguments in support of pending or anticipated AOS filings.

In this episode of GT's Immigration Insights podcast, host Kate Kalmykov is joined by Greenberg Traurig colleague Gennette Faust for an in-depth discussion on the U.S. tax implications that high-net-worth foreign nationals must carefully consider before obtaining a green card or establishing U.S. tax residency.

The discussion covers the critical importance of pre-immigration tax planning, including why asset structures that work well for non-U.S. persons often become highly inefficient – and potentially costly – once an individual becomes a U.S. taxpayer.

Gennette explains key concepts such as the substantial presence test, the step-up in tax basis, passive foreign investment companies (PFICs), anti-deferral regimes, foreign tax credits, and the potential for double taxation. She also addresses why timing matters and why engaging a tax advisor at least one year before establishing U.S. residency is strongly recommended.

Kate and Genette further explore the interplay between tax and immigration strategy, including the risks created when tax advice conflicts with immigration compliance obligations, the estate and gift tax implications of U.S. residency, and the U.S. expatriation tax regime as it applies to both citizens and long-term green card holders.

The episode concludes with a practical discussion on how carefully coordinating immigration and tax counsel – and thoughtfully timing the acquisition of U.S. residency – can result in significant long-term financial benefits for globally mobile individuals and families.