Strategic Considerations for Canadian Immigration Lawyers Marketing Services to
Law Firms and Businesses in the United States
Douglas D. Hauer, Partner, Chin & Curtis, LLP
I. Introduction
This article explores strategic considerations for Canadian immigration lawyers wishing
to market their legal services to potential referral sources and clients based in the United
States. It is the opinion of this author, based on several years of experience working with
U.S. businesses ranging in size from small entrepreneurial start-up companies to
multinational corporations, as well as with U.S. law firms and in-house corporate
lawyers, that Canada is increasingly viewed as a favorable place to live and work by
potential immigrants to the United States. Many of these potential immigrants are unable
to secure H-1B visas or green cards, or their green card processes have failed or will take
far too long to complete, and they therefore look north to Canada as an option for
remaining within North America. U.S. lawyers and corporations are thus often in search
of competent, ethical and responsive Canadian immigration counsel, but do not always
know where to turn for this expertise.1 The discussion in the following pages provides
Canadian immigration lawyers with strategic marketing guidance for identifying and
seizing these potential opportunities for new business.
To begin our discussion, we will first look at how Americans discuss the topic of
immigration and identify the main forces that are impacting United States immigration
laws today. This is relevant because Canadian immigration lawyers may be unfamiliar
with U.S. laws, specifically U.S. cultural perspectives on immigration, or on the impact
of the recession on the practice of immigration law by their colleagues in the United
States. These issues are relevant because they speak to the current business climate in the
U.S. A marketing effort by a Canadian immigration lawyer that understands some of the
broader issues about U.S. immigration laws and the cultural assumptions and factors
informing discussions on immigration in the United States will be better positioned to
address concerns expressed by U.S. lawyers and businesses seeking Canadian
immigration law expertise. The second part of this paper will present and explain several
marketing strategies and ideas that Canadian lawyers may wish to consider in responding
to the Canadian immigration needs of American law firms, lawyers and businesses.
1
Very few United States law firms have offices in Canada. In addition, it is the experience of this author
that many business immigration lawyers in the U.S. have no formal system for referring work to Canadian
immigration lawyers. Rather, work flows from the U.S. to Canadian attorneys via informal referrals that
are based on recommendations from colleagues.
II. What factors are currently impacting and shaping the public discussion of
immigration laws in the United States?
Before developing and launching a marketing campaign into the United States, it may be
helpful to know more about the public discussion among Americans on immigration.
Broadly speaking, how do Americans discuss and debate immigration? Equally
significant, what major issues are shaping the formation of U.S. immigration laws and
policies?
The discussion on immigration laws in the United States has evolved into a social debate.
The first thing that a Canadian immigration lawyer should know about the public
discussion on immigration in the United States is that the topic of immigration has very
little to do with actual immigration laws. The discussion on immigration is not a legal
one. In fact, most Americans do not understand how U.S. immigration laws function.
This misunderstanding frequently extends to the highest levels of law and policy makers
in Washington, D.C.
In the United States, the popular debate or discussion about immigration is a social one,
similar to contemporary debates on abortion or gay marriage. The topic of immigration
in the United States is a charged one, replete with misunderstandings and polarizing
imagery. Hence, when discussing or presenting on Canadian immigration law to U.S.
audiences – even when the listeners are lawyers or human resources professionals – one
is prudent to refrain from political assessments or commentary about the American
system or U.S. laws.
Factors that shape discussions on immigration in the United States
There are many factors that shape and figure prominently into the public discussion and
broader sentiments on immigration laws in the United States. These issues are likely
very different from those that contribute to the shaping of Canadian immigration law,
though there are certainly some parallels in the post 9-11 world. Several of the
noteworthy factors that shape the discussion of immigration in the United States are:
The United States shares a border with Mexico, over which many individuals
cross without proper documentation and which is viewed as the primary conduit
through which illegal immigrants enter the United States
The presence of as many as 11 million undocumented individuals in the United
States, most of whom have no legal option of becoming legal under current U.S.
immigration laws
The current economic downturn, massive job losses and the attendant underlying
fears that Americans have about immigrants taking jobs from U.S. workers
The American public‟s sentiments that companies employing undocumented
workers are doing something that is morally reprehensible and criminal
Security fears stemming from another attack similar to those on September 11th
2
In summation, the debate or discussion on immigration in the United States tends to focus
on illegal immigration, criminal conduct of employers who knowingly employ
undocumented workers, security concerns, and the recession and economic disadvantages
of immigration.
What about efforts to introduce immigration reform for U.S. employers?
Employment-based immigration in the United States is plagued by two issues: (1) a lack
of sufficient H-1B visas, which are allocated on an annual basis by Congress and capped
at 65,0002 per year, and (2) a shortage of green card “visa numbers” for most
employment-based immigrants, particularly those from India and China who are in jobs
requiring either a master‟s degree or a bachelor‟s degree. On both fronts, reform is
unlikely.
While post 9-11 security concerns, undocumented immigrants, and illegal entries at the
Mexican border receive substantial attention in the broader discussion on immigration in
the United States, there is a surprising lack of any widespread and informed discussion on
the benefits of employment-based immigration to the U.S. economy. The two main issue
of business immigration reform that harm U.S. employers and prospective immigrants
with valuable skills (e.g., the issue of the U.S. Congress acting to raise the annual cap on
H-1B visas to alleviate shortages of workers in professional occupations, or the issue of
Congress increasing the annual number of employment-based green cards) are not a
consideration for the vast majority of Americans. Even law and policy makers may not
understand the basics of employment-based immigration. Consequently, there is no
productive discussion of business immigration reform among law makers. Business
immigration reform often becomes linked to the main topics of illegal immigration,
undocumented workers, the economic downturn and security/prevention of terrorism.
Will the Obama administration change this picture?
Before turning to a discussion of marketing strategies, one may ask whether the election
of Barak Obama will change this picture and result in any comprehensive immigration
reform for U.S. employers. The short answer is no. In the opinion of this author, in the
near future we are unlikely to see any changes on the immigration legal landscape that
would benefit U.S. employers or their talented employees (or prospective employees)
who require temporary H-1B work visas and green card sponsorship. In fact, the current
trend is one where U.S. companies face uphill battles to retain foreign talent. For
instance, Congress recently enacted very tough H-1B restrictions on U.S. banks that have
received TARP bailout money from the federal government.3 These restrictions make it
virtually impossible for a recipient of TARP funds to hire new H-1B workers.4
2
An additional 20,000 visas are available for advanced degree holders who have completed their graduate
or graduate-level professional degrees at accredited U.S. institutions.
3
TARP stands for Troubled Assets Relief Program.
4
The H-1B provisions of the American Recovery and Reinvestment Act of 2009 (ARRA or the “Stimulus
Bill”), located at Section 1611 of the Act, limit certain banks and other financial institutions from hiring H-
3
Moreover, in the current economy the U.S. Department of Labor, which controls the
issuance of labor market opinions or “labor certification” determinations in green card
cases, may challenge assertions by U.S. employers with respect to the unavailability of
qualified U.S. workers for jobs that employers wish to offer to foreign workers.5 The
recession in the U.S. is viewed by the experts as one of permanent job losses for the U.S.
economy, and while no one can predict how a turn-around will play out, economists and
pundits alike speak of a “jobless recovery.”6 This will undoubtedly influence the
Department of Labor in connection with permanent labor certification applications filed
by U.S. employers. The practical and real result is that fewer employers will be able to
retain foreign talent in the United States.
What might this mean for Canadian immigration attorneys?
These conditions may be creating a climate that is conducive for new business
opportunities for Canadian immigration lawyers. In a nutshell, more people who had
previously been bound for the U.S. may be seeking entry into Canada and Canadian
landed immigrant status for themselves and their family members. More U.S. businesses
may look to Canada as a place to relocate valuable employees who, unable to obtain H1B visas or green cards, wish to move to Canada to retain a North American lifestyle.7
How might Canadian lawyers seize these opportunities to grow their immigration law
business base? And what specific considerations should Canadian lawyers have when
marketing their services to referral sources or businesses in the United States?
III. Marketing strategies and considerations for expanding your U.S. referral
base
Canadian immigration lawyers who wish to grow their U.S. business base – comprised of
both referring lawyers and businesses located in the United States – should first and
foremost consider forming and building relationships with U.S. immigration lawyers. In
my opinion, the best sources of potential U.S.-based referrals for Canadian immigration
1B workers unless they had offered positions to equally or better qualified U.S. workers. These limitations
prevent banks from hiring H-1B workers in occupations in which they had laid off U.S. workers. Entities
that received funding under Title I of the Emergency Economic Stabilization Act of 2008 or that receive
funding under Section 13 of the Federal Reserve Act are subject to these restrictions, which make it
virtually impossible to file H-1B petitions for new employees.
5
The first step in a green card process for most employment-based immigrants is a process called “labor
certification.” This process entails a U.S. employer conducting a recruitment campaign to locate a
qualified, available and interested U.S. worker for a job. If this recruitment is not successful and a suitable
U.S. worker is not found, the employer may file a labor certification application with the United States
Department of Labor.
6
Some experts predict that 8% unemployment will persist in the United States through at least the final
three months of 2010. See “Bernanke Offers Jobless Recovery as Humphrey-Hawkins Hopes Fade” by
Craig Torres at http://www.bloomberg.com/apps/news?pid=20601109&refer=home&sid=aAZzcqBRclVE.
7
The case of MicroSoft‟s establishment of a development center in Vancouver, B.C. is an excellent
example of a U.S. business forced to relocate foreign born talent to Canada because of inflexible U.S.
immigration laws.
See “Visa Woes? MicroSoft has Vancouver, B.C.” by Eric Engleman at
http://seattle.bizjournals.com/seattle/stories/2008/04/07/story5.html.
4
lawyers are U.S. immigration lawyers. U.S. lawyers in other fields are also excellent
possible sources for referrals. But building and nurturing a U.S. referral base involves
substantial work and effort.
The strategies described below are my seven tips for Canadian immigration lawyers
wishing to start and grow a U.S. referral and client base. These strategies are straightforward and based on common sense. They are: (1) identify your strengths and know
your capacity for handling Canadian immigration law work; (2) network with compatible
people in law firms in the United States; (3) build and increase your visibility and raise
your profile in the U.S. legal community; (4) be prepared to use technology to manage
your immigration practice; (5) give top-notch service to clients; (6) avoid breakdowns in
communication with your clients and U.S.-based referral sources; and (7) throughout
your marketing efforts discuss key differences between U.S. and Canadian immigration
law that potential clients will respond to positively.
While these strategic marketing tips are by no means an exhaustive list of suggestions,
they may help you increase your success in marketing your Canadian immigration law
services to both referring lawyers and business clients in the United States. Let‟s briefly
examine each of these suggestions.
Tip Number One: Identify your strengths and know your capacity for volume as well as
your area of expertise in Canadian immigration law
This first tip is perhaps obvious to all readers of this article. However, before building
and executing a marketing plan that is targeted at potential U.S.-based referrers, you need
to identify what Canadian immigration law services you are positioned to offer.
Expertise and capacity are key elements in this assessment.
For example, if your firm is comprised of two attorneys and two paralegals in British
Columbia, and your expertise is counseling clients who present applications for work
permits to Canadian immigration officials at the airport in Vancouver, emphasize your
high level of personalized service and representation of clients entering Vancouver. In
short, play to your strengths as a lawyer with expertise in border applications at
Vancouver. Start to think about how you will talk about your track-record of success to
potential clients.
If you are not in a position to handle high volume work from a Fortune 500 company,
then think carefully before you represent to a referral source or client that your firm can
handle the work. Be realistic and modulate accepting new matters or in representing your
capacity. This is especially important in responding to inquiries from potential clients
about your firm‟s capacity for high volumes of work. Know your firm‟s message or
brand, be able to express what your firm stands for in clear terms, and make your
message credible by refraining from overstating your capacity or expertise.
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Tip Number Two: Begin researching U.S. immigration lawyers and law firms that you
think you can relate to and reach out to them for networking
There is value in spending the time to research your U.S. immigration lawyer
counterparts to see what commonalities you may share with them in terms of practice size
and focus. Think of every U.S. immigration lawyer that you meet or have contact with as
either an existing source of referrals for your practice or a potential referring lawyer who
will send you clients. Again, lawyers working in the field of U.S. immigration are
excellent potential networking partners.
In developing your networking contacts, you may want to begin by focusing your efforts
on seeking and establishing connections with U.S. lawyers that share something with
you. For example, if you are a Canadian immigration lawyer working in a large multispecialty law firm, explore any common business development interests that a similarly
situated U.S. colleague may share. Be creative. Large law firms have excellent web sites
that can give you a wealth of information about their practice of law as well as about their
lawyers; this information may be a basis for you to identify commonalities or similar
interests that would lead to a discussion or at least an introduction to a lawyer you wish to
get to know and build a relationship with. In the current economy many U.S. lawyers
would probably appreciate the opportunity to know you and mutually enhance their
network of relationships.
The point is that networking should start with some assessment of possible networking
partners. A genuine discussion may develop more naturally if you feel that there is some
common ground between you and a potential networking counterpart. To this end,
identify U.S. immigration law colleagues and other U.S.-based lawyers who may have
attended your law school or university in Canada, use alumni networks as a starting point
to build relationships with Canadians who are working as lawyers in the U.S., and
become a player in at least one organization that naturally gives you a network of U.S.
lawyers.
Networking requires you to make the first move and cannot be delegated; it is a personal
connection activity that requires planning and effort.8 Assess how much time you have
for networking and devote that amount of time to it every month. Make a goal of
spending a specific number of hours on networking in the next year, and stick to that
goal.
8
See “The Ten Keys to Building Your Services Business Beyond the Next Level,” by Suzi Pomerantz,
MT., MCC, Innovative Leadership LLC, at http://www.innovativeleader.com/articles/ten_keys.htm. In her
article, Pomerantz makes an excellent point in stating that “business development is not a spectator sport.”
This author thinks networking is akin to swim practice or any other sport practice or simulation, where
repetition builds endurance and refines one‟s techniques.
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Tip Number Three: Become visible to U.S. lawyers in general by offering to speak at
U.S. bar association meetings, professional conferences and law firms
Don‟t limit your network building activities to immigration lawyers, but aim to increase
your visibility in the broader legal community in the United States. Be broad in the scope
of lawyers you look to reach.9 Become visible to a broad range of U.S. lawyers across
fields where referrals to Canadian immigration law counsel might arise. Employment
law, intellectual property, corporate law and tax law are all areas where immigration law
referrals may be generated by U.S. attorneys practicing in those fields.
Reach out to U.S.-based legal organizations, continuing legal education programs, bar
associations and, after research and initial contact, even law firms that may be delighted
to have you speak about Canadian immigration law, the NAFTA and doing business in
Canada. There are countless overlooked forums for raising one‟s level of visibility to
U.S. referral sources. Chambers of Commerce in various cities, organizations and
associations for tax and business lawyers, legal advocacy organizations, Canadian
Consulates in the United States and local chapters of the American Immigration Lawyers
Association (AILA) may be open to you speaking on Canadian immigration law.10
To become visible and secure opportunities to speak before lawyers who may refer work
to you in the future, you have to take the first step to initiate contact with the organization
of interest. Be specific and clear about your interest in speaking about Canadian
immigration law for the forum or firm you are contacting. And tailor your request to the
forum or organization you are contacting. You may also wish to team up with a
Canadian business lawyer to offer speaking together at a state bar association meeting on
doing business in Canada or on moving goods, services and people over the
U.S./Canadian border. Finally, be open to drafting an article for a state or local bar
association in the U.S. on Canadian immigration law.
If networking and profile building activities such as public speaking intimidate you, or if
you feel insecure about being assertive in a networking context, consider professional
coaching to help you refine your communication skills and to develop a gradual plan for
expanding your profile.11
9
This author wishes to note that there are no advertisements at all for Canadian immigration law services in
the American Bar Association Journal. This resource‟s classified ads may in fact not be a valuable vehicle
for marketing. However, perhaps the ABA Journal would be an excellent forum for a focused article
authored jointly by a U.S. attorney and Canadian attorney on the immigration provisions of the NAFTA.
10
AILA is the American Immigration Lawyers Association (www.aila.org). AILA is the professional
organization for United States immigration lawyers.
11
Although coaching is often overlooked by lawyers, it can be a very helpful vehicle for improving one‟s
understanding of the process of marketing as well as for enhancing one‟s presentation skills. See “Law
Practice Coaches Help You Perform An „Internal Audit‟ of Your Law Practice, Acquire New Levels of
Success,” by Suzi Pomerantz, MT., MCC and Stewart Hirsch, Esq., located at
http://www.innovativeleader.com/articles/law_practice_coaches.htm.
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Tip Number Four: Have a plan in place for addressing the questions that U.S.
referrers and businesses will have about how your firm uses technology
You must be prepared to predict the requests that you receive from potential referring
lawyers and business clients, particularly about the role of technology in your
immigration practice. This goes beyond having and maintaining a web site. Technology
is increasingly important in the work of immigration lawyers in the U.S. Because
technology is widely used in U.S. immigration practices of all sizes, U.S. businesses and
lawyers may ask about your technology platform. Be prepared to respond to questions on
case management software, data security and your firm‟s capacity for electronic billing.
Client databases, tracking software to manage immigration status expirations, Internetbased and real-time updates on the status of immigration cases, and on-line data
questionnaires are becoming more common among U.S. immigration law practices.
Tip Number Five: Give top-notch service to each client that your firm services
A pleased client is your best marketing tool for future work. Therefore, you should have
in place all mechanisms for making your clients happy. A rigorous internal process for
checking the quality of every e-mail and document that you send from your office, for
example, reduces errors in work and gives your clients confidence in you and the caliber
of your services. The highest level of quality in work product, solid results, properly
managed expectations in aggressive or complicated cases, timely responses to client emails and calls, and kept promises with respect to turn-around times for the preparation
and filing of documents and applications are critical and all figure into your client‟s
impression of the service provided by your firm.
Tip Number Six: Avoid communication breakdowns with lawyers that send you
referrals and report back your good results
Maintain strong communication with lawyers who refer your firm work. Immigration
law is a challenging area of law from a service standpoint because your client (and the
lawyer referring a client to you) might draw conclusions about your service due to factors
beyond your control. For instance, government processing times for an application for
immigration benefits or for a labor market opinion are beyond your control, but the
failure to prepare a client for a delay can be a public relations disaster for your firm.
Because government processing delays are common in immigration matters and can
frustrate clients, careful communication with clients on timelines at the outset and
throughout immigration processes is very important. Similarly, it is important to
communicate clearly with respect to costs with clients at the outset of a matter. U.S.
companies locating global immigration vendors frequently ask lawyers outside the U.S.
for cost estimates for various processes. Be ready to provide timing and cost estimates.
The ability to communicate accurate timelines and costs is critical to preventing lapses in
communication that can derail a client relationship at the outset.
8
In addition to managing your client‟s expectations about an immigration process in a
measured way, you should maintain communication with your referral source to let that
person know that your firm is taking good care of the client that they referred to you.
Don‟t assume that your client will convey this message to the initial referral source. Be
your own advocate and let your referral source know that a case they referred to you has
been resolved successfully. Report your good results back to referral sources and be
clear about your interest in new work. In temporary work permit cases, express an
interest in tracking and sending reminders to your client about expirations.
Finally, maintain communication with referral sources even when many months pass and
no work has been channeled your direction. Travel to visit your referral sources at least
once a year and more frequently if possible. Do not underestimate the importance of
personal relationships to client retention or to maintaining strong connections to referral
sources.12
Tip Number Seven: Highlight the positive aspects of Canadian immigration law that
potential referral sources and businesses in the U.S. may find interesting
Referring lawyers and business clients based in the United States may find some features
of Canadian immigration law more flexible than U.S. immigration laws. A few examples
are:
The eligibility of same-sex spouses for immigration benefits
Provincial Nomination Programs including the Alberta H-1B initiative13
The waiver of the visa requirement for nationals of certain countries applying for
work permits at entry into Canada
These differences between U.S. and Canadian law are striking. First, U.S. immigration
laws are federal and subject to federal law. In the U.S., there is a federal definition of
marriage. The Defense of Marriage Act (1996) defines marriage as a union between one
man and one woman and prohibits federal agencies in the United States from recognizing
marriages between same-sex couples. As a result, no U.S. immigration benefits may
flow to a same-sex partner. This stands in sharp contrast to Canadian law, which is much
more flexible and which recognizes same-sex marriage. Second, equally interesting to
U.S. lawyers and potential clients is the system of Provincial Nomination Programs
(PNPs) that may facilitate an individual‟s immigration to Canada. Mention these
programs to your prospective and existing U.S. clients and referral sources. Alberta‟s H1B program is particularly of potential interest to U.S. businesses and immigration
lawyers, as well as to H-1B workers who have been unable to secure permanent residence
12
See “The Immigration Lawyer‟s Marketing Guide,” by Greg Siskind in Immigration & Nationality Law
Handbook, 2007-08 Edition (AILA 2007), pp. 8-14. In this article, Siskind emphasizes the importance of
personal relationships in networking and states that “bonding with your clients is absolutely essential to a
successful practice,” p. 14.
13
Many U.S. immigration lawyers would marvel at Alberta‟s fast track permanent residence path for
qualified U.S. visa holders. See http://www.albertacanada.com/immigration/immigrate/srsvisaholder.html.
9
status in the United States. Finally, U.S. lawyers and businesses may be unfamiliar with
Canadian work permit application procedures, whereby citizens of certain countries may
apply for work permits upon entry into Canada. In contrast, U.S. law is much more
restrictive, requiring citizens of most countries (including for instance citizens of EU
member countries) to obtain employment-based visas at U.S. Embassies or Consulates
before seeking entry into the United States in one of the work authorized nonimmigrant
visa classifications (e.g., H, L, O, E or J). These positive features of Canadian
immigration law are important to highlight to potential U.S. referral sources and clients.
Conclusion
In the current political and economic climate, Canadian immigration lawyers may see an
increase in business generated from the U.S., particularly from American companies
aiming to retain talent within their organizations after failing to secure H-1B visas or
green cards for their key employees. Additionally, as businesses become more global, it
is possible that immigration to Canada will increase. Canadian lawyers may be able to
expand their U.S.-based referral bases by targeting and adapting their marketing efforts in
the direction of U.S. immigration lawyers and lawyers in other areas such as employment
law, tax law, trusts and estates, business law and intellectual property.
Developing a marketing campaign that is tailored to U.S. referral sources and businesses
will increase one‟s competitive edge as U.S.-based lawyers and businesses seek Canadian
immigration law expertise. On the one hand, United States employers have a severely
limited number of work visas available annually to employ foreign talent. For many U.S.
employers, the sponsorship of a foreign worker for a green card in the current
environment is a legal impossibility. Thus, in addition to suffering from a deep
recession, United States businesses are today often unable to retain the best talent
available to remain competitive. On the other hand, Canada is viewed as inherently rich
in resources, socially and economically more stable and prepared to welcome more
skilled immigrants.
Canada has developed a national health care system, boasts affordable post-secondary
educational options, encourages a multiplicity of cultural identities and has doors that
appear to be more open than the United States. Suffice it to say that Canada is
increasingly perceived as a country that is more open to immigration, while the United
States is undergoing an economic crisis, paying the financial and political consequences
of the Iraq War and moving in a more restrictive direction with respect to immigration.
All of these circumstances contribute to a broader picture in which Canada is looking
more attractive to immigrants previously bound for the United States. Through careful
planning and a targeted marketing plan, Canadian immigration lawyers can seize these
advantages to expand business opportunities from U.S. sourced referrals and businesses.
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