• Starting the Process
• Specialties and Subspecialties Within Immigration Law
• Types of Immigration Firms:  The Present Landscape
• Types of Business Immigration Firms
• Industry Sectors
• Where a Law Firm is located in the U.S.

Starting the Process

Specialties and Subspecialties Within Immigration Law

There are several main areas of immigration law specialization:  1) Asylum; 2) Deportation defense; 3) Family-based Immigration and Citizenship; and 4) Employment-based ("Business") Immigration.  Other commentators might plausibly argue that Litigation and Consular Processing are also "specialties"; however, these broad topics permeate the 4 major areas.

Asylum
Asylum and refugee protection is granted under federal law to prevent or end the persecution of qualified alien applicants.  "Affirmative" asylum applications are filed with the INS Service Center whereas "defensive" asylum claims are raised before the Immigration Judge during the course and scope of a removal (deportation) proceeding.

Deportation
Somewhat akin to criminal defense practice, deportation practice entails the representation of individual aliens who have been placed in removal proceedings by the U.S. government.  The alien's immigration attorney prepares a defense and represents the client before the Immigration Judge, Board of Immigration Appeals and federal district courts.

Family-Based/Citizenship
A family-based immigration matter is one in which the petitioner is usually a relative of the alien client or in the case of naturalization (citizenship), the alien himself.  The attorney prepares the applications and accompanies the client to all INS interviews at the local INS District Office.  In other instances the attorney files matters with the INS Service Center and U.S. consular posts abroad.

Employment-Based (Business)
Business immigration attorneys function much like tax attorneys.  A business immigration attorney advises the client (corporation or individual alien) on the various options for obtaining temporary or permanent visas based upon employment or investment.  The attorney prepares the government forms for filing with the INS, Department of Labor or Department of State.   In other instances, the attorney provides consulting services to employers on matters such as documentation compliance, wage and employer sanction issues.

In addition, there are "subspecialties" within the above-mentioned specialties.  For example, an immigration firm that specializes in deportation may concentrate on federal appellate work.   Some of the subspecialties within employment-based or business immigration are L-1A status petitions for intracompany transferees, H-2B status for laborers, J-1 waivers for Medical Doctors and Treaty Trader and Investor applications.

Types of Immigration Firms:  The Present Landscape

Most immigration lawyers practice in one or two, but not all of the many specialties within immigration law.  The reason for this sub-specialization is simple:  It is too difficult to be competent in every facet of immigration practice.

Immigration law is vast, complex and constantly changing.  The sources of immigration law are often hidden.  For example, an internal memo written by the INS Deputy Commissioner could well be the authoritative source on a particular issue of law.  Every year, new legislation, regulations and government agency announcements have profound impact on immigration law practice.

Despite the inherent complexities of immigration law, all clients expect their immigration counsel to be expert in their particular matter.   Thus, most business immigration attorneys do not dabble in deportation and vice-versa.  Even though many capable immigration attorneys are generalists, almost all focus their practices on the one or two specialty areas in which they are strongest.

Immigration law is also a developing field.  Like most developing legal fields (i.e. environmental law and intellectual property law in the 1950s), the need for quality representation has yet to be fully realized.  That is why, at least in part, most high quality immigration law firms are either stand-alone boutique practices or boutique practices (immigration law departments) within large full-service and labor/employment firms.

In recent years, companies with large numbers of foreign professionals have increasingly managed their immigration legal matters in-house.  Some companies, such as Microsoft and Disney,  have immigration law departments.

This landscape is likely to change.  Demographics studies from the 2000 Census will most likely confirm that the U.S. birth rate is too low to support the growing demand for service industry professionals.  It is virtually guaranteed that the U.S. economy will become even more reliant upon the employment of foreign workers.   The impact of the September 11, 2001 tragedy will be heightened government inspection of the entry of foreign nationals -- however, this event has done nothing to change U.S. employers' demands for quality skilled professionals and laborers.  The increased demand for corporate legal services will eventually drive more companies to set up in-house immigration departments or to outsource immigration matters to cost-effective boutique and high-volume immigration firms.

Types of Business Immigration Firms

Corporations and individual alien professionals often have very different immigration law needs.

Some alien professionals seek fast, effective low-cost assistance in obtaining a nonimmigrant (temporary) or immigrant (permanent) work visa.   Others are more focused upon a successful final outcome (and less concerned about time and cost) and ongoing consultation from the attorney.

Some corporations wish to outsource all of their immigration matters to one firm.  Other corporations wish to handle certain matters in-house and receive only intermittent tutelage from the business immigration firm.  Some companies desire a full array of business immigration consulting services including I-9 compliance matters, post-merger issues and assistance in sending U.S. professionals abroad.  Other companies prefer fast, effective low-cost assistance in obtaining temporary or permanent work visas for its foreign employees.

All clients, however, share the common desire to retain the best business immigration counsel.  Corporations and individual aliens alike have a wide array of business immigration firms from which to choose.

Industry Sectors

An immigration attorney who has experience representing corporations in a given industry is uniquely qualified to represent other similar companies and their foreign professionals.   The experienced attorney already has a working knowledge of the various industry terms and customs including the job duties and education/experience requirements of the various types of professionals and skilled workers within the industry.  Such knowledge is not merely helpful, it is absolutely essential.  An attorney with experience representing clients of a particular industry can often suggest aggressive and creative strategies that even the most well-versed business immigration attorneys would overlook.

Industry sector expertise is often a product of geography.  For example, many of the major employers on the Gulf Coast are in the Oil & Gas, Maritime, Hospitality/Casino, Chemical and Technology industries.  Companies in these industries have peculiarities that permeate all of their personnel decisions, including the hiring of foreign workers.  A multinational oil company with Outer Continental Shelf drilling and diving operations may have a wide array of temporary visa options such as L-1B , D-1 or B-1 OCS for its offshore foreign workers.  Unless the immigration attorney has actually handled similar matters, he or she would be unlikely to formulate alternative "non-textbook" strategies.   Many times, industry expertise can save the client from pursuing inferior options.

We have represented or advised corporate clients from many industry sectors.

Where a Law Firm is located in the U.S.

The city and region where the immigration law firm's office is located can be a legitimate concern in some cases and irrelevant in others. Immigration practice, especially business immigration, is theoretically uniform throughout the U.S.  However, an immigration attorney who understands the procedural nuances and other idiosyncrasies of certain INS Service Centers or District Offices, or the philosophies of Regional Labor Department officials, is in a better position to manage the client's expectations and to skillfully (and timely) navigate the case to a successful outcome.

There are other instances where the location of the firm's office can be a significant consideration in the attorney selection process:

Corporations and individual aliens alike prefer immigration practitioners with experience representing others in the same industry or occupation.  While most industries (e.g. computer/information technology) are prevalent in all regions of the United States, some industries (e.g. offshore oil & gas and resort hotels) are more indigenous to particular regions or cities.

Geography also plays a role in the amount a firm may charge for its professional fees.  For example, the cost of operating a business and the cost of living are much higher in San Francisco and New York than in cities in the Midwest and South.  Accordingly, firms in high-cost cities tend to charge higher hourly rates or fixed fees to offset the higher overhead and to offer competitive salaries.  Much like advertising, auditing, transportation and other typically outsourced corporate functions, businesses select the firm offering the best service and value (assuming equal quality and expertise), regardless of location.  While our fees are what one would expect from a high-end labor firm in the South or Midwest, our fees are significantly lower than comparable firms in San Francisco, New York and Washington, D.C.