Employment-Based Visas and 2025 Executive Orders: Legal Challenges and Employer Strategies

Mr. Rosser is an immigration attorney who focuses exclusively on business immigration law, working with human resources departments, global mobility managers and in-house counsel to develop and pursue customized corporate immigration policies and strategies, facilitate the hiring and international movement of key personnel, and comply with I-9 regulations. As a member of the firm’s immigration practice group, Mr. Rosser advises clients seeking to obtain immigration benefits for themselves and their employees. He has extensive experience in the manufacturing, retail, e-commerce, financial services, and energy industries, working with clients ranging from Fortune 100 companies to start-ups, nonprofits, and individuals. Mr. Rosser manages the delivery of high quality immigration services related to the hiring of foreign nationals and movement of personnel between international offices, with a focus on L-1, H-1B, E-2, TN, O-1, and H-3 visa categories, and all of the employment-based permanent residence categories. He also assists in supervision of the practice’s Global immigration services.

Ms. Kalmykov is based in our New York and New Jersey offices and has close to two decades of experience in business immigration matters. Ms. Kalmykov currently Co-Chairs the Global Immigration & Compliance Practice at Greenberg Traurig. In this role, she works with employers of all sizes across a variety of industries in understanding and complying with the immigration laws relating to the hiring and retention of foreign talent. Specifically, her practice focuses on supporting clients and advising them on temporary and permanent residency immigration options for multi-national executive, business, scientific, and information technology personnel. In addition, Ms. Kalmykov practice provides support to companies in the global transfer of personnel. Known by her clients for her out-of-the-box thinking, responsiveness and hands-on approach, Ms. Kalmykov is often called upon to assist in developing immigration options and strategies in the most unique circumstances and to respond to complex Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs) or to appeal denied cases. Likewise, she has also been instrumental in developing employer compliance programs for DOL related filings including H-1Bs and PERMs, as well as for I-9 employment eligibility verification. To this end, Ms. Kalmykov develops and conducts nationwide I-9 compliance trainings and policy manuals for human resources personnel, advises on best practices for E-Verify employers, provides guidance on avoiding immigration-related unfair employment practices claims and has defended and minimized penalties in immigration-related government audits. She regularly works with professionals from the firm’s labor, employment, tax and benefits groups, to provide strategic planning on immigration issues within a cross-border framework. Ms. Kalmykov also has deep experience working on all aspects of the EB-5 immigrant investor program. She has worked with real estate developers, private equity funds, and other organizations on applications to designate new EB-5 Regional Centers, applications for pre-approval of EB-5 projects; having projects adopted by existing EB-5 Regional Centers; structuring projects to be EB-5 compliant, the sale of existing EB-5 Regional Centers, preparing template I-526 petitions and advice on structuring direct EB-5 projects. Pursuant to the requirements introduced under the EB-5 Reform and Integrity Act, Ms. Kalmykov works with EB-5 Regional Centers, EB-5 Projects, Overseas Migration Agents and Broker/ Dealers to develop internal programs for ongoing compliance and to prepare USCIS I-956, I-956F, I-956,G, I-956H, I-956K submissions. Ms. Kalmykov has represented thousands of investors in obtaining their green cards through EB-5 regional center projects, as well as direct EB-5 investment opportunities. She also represented and structured the largest EB-5 offering in the Program’s history and has over the course of her career structured over $12 billion in EB-5 deals.

Ms. Noce Co-Chairs the Immigration & Compliance Practice. She focuses her practice on U.S. business immigration, compliance and enforcement actions, as well as global immigration. She represents both large multinational companies and small start-ups on the full range of employment-based immigration, ranging from permanent residence (PERM, National Interest Waivers, Extraordinary Ability/Outstanding Researcher, Multi-National Managers, among others) to nonimmigrant visa categories (H-1B, H-3, J-1, L-1A/B, O-1, TN). Ms. Noce has a particular understanding of working with the retail industry and the ever-evolving challenges this industry faces. Ms. Noce works closely with companies on complex challenges associated with I-9 employment verification, enforcement actions, as well as H-1B and LCA compliance. She provides proactive strategies in the form of onsite training, internal audits and reviews, as well as deploying best practices to minimize exposure and liabilities in the event of government investigations.