Immigration Insights

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.