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Immigration Insights Episode 29 | AI-Driven RFEs Are Here: Faster, Broader, and More Demanding Than Ever

By Kate Kalmykov & Courtney Brooks ‡ on July 27, 2026
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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.

https://sites.libsyn.com/608475/ai-driven-rfes-are-here-faster-broader-and-more-demanding-than-ever
Photo of Kate Kalmykov Kate Kalmykov

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She 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

…

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She 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 deep 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.

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.

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Photo of Courtney Brooks ‡ Courtney Brooks ‡

Courtney Brooks 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…

Courtney Brooks 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). Courtney has a particular understanding of working with the retail industry and the ever-evolving challenges this industry faces.

Courtney 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.

Courtney also assists multinational clients in the area of global mobility and immigration. She has experience helping companies move key personnel into all parts of the world.

Prior to practicing law Courtney worked with the Georgia Department of Economic Development as a Business Development and Project Manager. In this role, she helped Life Sciences and Technology companies move to and expand in the State of Georgia. She worked frequently with international and domestic companies addressing global mobility needs, and is acutely aware of the important role immigration plays for global companies.

Courtney has studied, lived, and worked in Canada, France, and Italy. She is fluent in Italian, proficient in French and has basic Spanish skills.

The attorney is providing legal services through and affiliated with Greenberg Traurig, LLP, a New York Limited Liability Partnership. Prior results do not guarantee a similar outcome.

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  • Posted in:
    Immigration
  • Blog:
    Inside Business Immigration
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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