Healthcare

Selecting An Immigration Attorney

Carl Shusterman, Managing Partner, Law Offices of Carl Shusterman

To anyone reading this who has a child, nephew, niece, friend or acquaintance contemplating a legal career I have a suggestion: consider immigration law.

Why immigration over other areas of legal practice? Recruiters familiar with international employment trends can no doubt supply one answer. While the economic downturn has suppressed hiring of international workers (and workers of all kinds) the global workforce is here to stay. In business, government, education, entertainment, sports, healthcare and just about every other field, recruiters are looking for talent wherever they can find it. Long-term, the career prospects of attorneys who can assist in the process of worldwide talent acquisition are good.

Perhaps even more important are the emotional rewards immigration law offers. Immigration law involves more than dry legal research or the filing of briefs on behalf of faceless corporations. Immigration lawyers become intimately involved in the dreams and aspirations of their clients, and can help them gain access to free and productive lives.

The stakes in immigration law are high, for would-be immigrants, their employers, and recruiters. That is what makes this area of legal specialization so rewarding, and why it is so important to select an immigration attorney who is capable and qualified.

This lesson was brought home to me yet again recently when a business executive and his daughter consulted me in my office. When I analyzed their case, it quickly became apparent that nothing could be done to help them. The man had applied for immigration benefits based on his status as a multinational executive, but he had done so in such a way that his case had no demonstrable validity. When his application was denied, his former attorney had advised him not to appeal but to have his employer file a new visa petition. The new petition was also denied and eventually he and all his family members were placed under deportation proceedings. The damage was done and it was too late to correct it.

I have seen many similar situations where immigrants, employers and recruiters were the recipients of poor legal advice. When selecting an immigration attorney it is important to consider that there are over 11,000 members of the American Immigration Lawyers Association (AILA). Some of them are excellent attorneys, some average, and some are under qualified. How can recruiters tell the difference?

A number of states put attorneys through a rigorous evaluation system in which they must pass a difficult examination regarding the intricacies of immigration law. Attorneys also must demonstrate experience in various facets of immigration law, such as employment based, which is of most relevance to recruiters, family-based, and other areas. In addition, they must submit recommendations from peers and prove their good standing with state bar association. Only then can an attorney be deemed a Certified Specialist in Immigration Law. Several years ago I had the privilege of serving on the committee which writes and grades the examination for California attorneys seeking Certified Specialist status. I can state without hesitation that the exam is extremely difficult and that every attorney who the committee recommended for Certified Specialist status was a true expert in the field.

At present, four states – California, Florida, North Carolina, and Texas – offer Certified Specialist in Immigration Law status to attorneys. This is not as limiting as it may seem, because all immigration law is federal and therefore an immigration attorney in one state can represent individuals or corporations in any of the others. Generally, the location of the immigration attorney is of much less importance than his or her level of skill and experience. There are web sites that offer links to every Certified Specialist in Immigration Law in the United States. The site for California specialists, for example, is http://members.calbar.ca.gov/search/ls_search.aspx (please contact me if you would like sites for other states).

It is particularly important for recruiters to find immigration attorneys who have experience with employment-based immigration. In addition, consider that there are nuances in immigration law affecting the employment of professionals in different fields. The rules and strategies for immigrating physicians and nurses, for example, may differ in subtle but important ways from those involving computer professionals or business executives. In evaluating immigration attorneys, determine if they have experience in the profession for which you are recruiting. Ask them on the front end what their strategy is for immigrating your candidate or candidates, how long they believe the process will take, and what they think are the chances for success. There should be a game plan in place, and timeframes, costs and expectations should be delineated before the process is initiated.

While it is emotionally rewarding to help immigrants achieve their dreams, it is equally discouraging to see such dreams dashed. Recruiters can avoid a poor outcome by selecting qualified immigration attorneys to represent their candidates in a professional, ethical and effective manner.

Carl Shusterman is principal of The Law Offices of Carl Shusterman, Los Angeles, and is a Certified Specialist in Immigration Law (state of California). He can be reached at carl@shusterman.com.

Mr. Shusterman served as General Attorney and Trial Attorney for the U.S. Immigration and Naturalization Service (INS) from 1976-1982. One of the most widely recognized and published immigration attorneys in the United States, he currently is managing partner of The Law Offices of Carl Shusterman, a seven-attorney immigration law firm based in Los Angeles, California. Mr. Shusterman is former Chairman of the American Immigration Lawyers Association’s Southern California chapter and is a former member of the Association’s Board of Governors. Mr. Shusterman is an informal advisor to the American Hospital Association and is the endorsed immigration law provider for Catholic Healthcare West. Listed for over ten years in the prestigious publication America’s Best Lawyers, he has also been identified as one of Los Angeles’ 100 “Super Lawyers” by Los Angeles Magazine. In May of 2001, Mr. Shusterman testified before the U.S. Senate Sub-Committee on Immigration during a hearing entitled: “Immigration Policy, Urban and Rural Health Care Needs.” He advised the committee on ways in which immigration laws could be changed to help hospitals immigrate foreign workers more efficiently. He also co-authored a bill introduced by Senator Sam Brownback of Kansas that would facilitate the employment of “J-1” physicians. Certified by the State Bar of California as a Specialist in Immigration and Nationality Law, Mr. Shusterman specializes in obtaining employment related visas for physicians, nurses, technologists, computer engineers and a wide range of other professionals. Mr. Shusterman’s commentary has appeared in The Los Angeles Times, USA Today, The New York Times, The Wall Street Journal, Christian Science Monitor, Modern Healthcare, Hospitals & Health Networks and many other publications. A noted speaker Mr. Shusterman has addressed dozens of professional groups nationwide. A Los Angeles native, Mr. Shusterman graduated from the University of California, Los Angeles (UCLA) and the UCLA School of Law. Today, he resides in Westwood, California. To network with Carl Shusterman: E-Mail: carl@shusterman.comWeb Site: www.Shusterman.comBlog: http://shusterman.com/blognationofimmigrants.htmlLinkedIn: http://www.linkedin.com/in/carlshustermanTwitter: http://twitter.com/#!/immigrationasapSpanish Website: www.inmigracion-abogado.comRSS Feed: http://feeds.feedburner.com/CarlShustermanYouTube: http://www.youtube.com/carlshustermanWork Phone: (213) 623-4592

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