Law Times

Law Times • November 17, 2014 Page 13 www.lawtimesnews.com Changing rules, new players among trends for immigration firms By michaeL mckiernan For Law Times anada's fast-changing immigration system provides the perfect environment for busi- ness immigration law boutiques to thrive, but lawyers in the field still face a tough task in keeping up with the pace. The federal government is in the middle of a revamp of the ever-controversial temporary foreign-worker program while 2015 also heralds the launch of its revolutionary expression-of- interest system for economic immigrants. "What's really remarkable about these items is that you would normally see them rolled out and developed over three to five years, but this government tends to move very quickly and in a very focused way. It's a no- nonsense approach to immigra- tion," says Howard Greenberg, global immigration leader at KPMG Law LLP in Toronto. "For immigration lawyers, we're holding onto our chairs for the ride. And if that's the way we're perceiving it, you can imagine what it must be like for corporate employees who have to make plans for labour short- ages and run businesses." The foreign-worker and ex- pression-of-interest programs present numerous pitfalls for employers and their immi- gration counsel, according to Greenberg. The risks as- sociated with the invitation- only expression-of-interest system, which aims to match prospective immigrants to employers in need of their skills, lie in the program's novelty, he says. Meanwhile, Employment and Social De- velopment Canada is explor- ing monetary fines of up to $100,000 for violators of the temporary foreign-worker program in addition to long bans on future participation. "It's absolutely critical that employers anticipate poten- tial liabilities and address them at the earliest possible time," says Greenberg. "That's the future of corpo- rate immigration: compliance and best practice." He says the approach to these major issues fits a pattern he has observed over his 30-year legal career. The increasing complex- ity of immigration law, Green- berg says, has transformed the role of legal counsel during that time. "We've changed from being simply work-permit processors to being fundamental to the corporate strategy. My clients, who are involved in designing huge projects involving large numbers of people and mil- lions of dollars, want to speak with me right at the beginning of the process, not at the end. Immigration lawyers need to be thinking three steps ahead in terms of government policies and legislation and the impli- cations of any changes so they don't find themselves having to explain to a client why they didn't anticipate a particular bad result." Toronto lawyer Barbara Jo Caruso, who left Gowling Laf- leur Henderson LLP in 2006 to co-found Corporate Im- migration Law Firm, says the f lexibility of boutiques like hers puts them in a good po- sition to help clients navigate the constantly shifting sands of an area like immigration law. Pricing is another ad- vantage for many boutiques, according to Caruso, espe- cially when processes are changing as rapidly as they are now. Her firm, like many boutiques, provides the bulk of her services at f lat-fee rates. "It's going to take a while for lawyers to figure out what the price points are and fees for service," she says. "Boutiques are going to be better able to adapt to that change because typically we're more nimble and have more autonomy to control how fees are set." The lack of large law firms placing an emphasis on busi- ness immigration has left a siz- able gap for boutiques to fill, but a recent trend has brought a different type of professional services provider more squarely into the picture: the big four ac- counting firms. Among those joining the field was Ernst & Young affili- ate Egan LLP, founded in 2007, followed by several other im- migration boutiques, such as Greenberg Turner, that joined law firms affiliated with the big accounting firms in recent years. Greenberg Turner, where Greenberg was a senior partner, joined KPMG Law in 2012. George Reis, managing part- ner at Egan, says the vast array of complementary services offered by an accounting firm attracts clients looking for a seamless service. As well, he notes the global presence of a big account- ing firm is a big asset for immi- gration boutiques. "As our clients are multina- tional, so our service has to be as well," he says. "I get more calls from cli- ents in Canada asking me to help them out in other coun- tries than here asking things like: 'How do I get an executive moved from Germany to Singa- pore?' or 'How do I get workers into Zimbabwe?'" While Caruso says there's no competing with the resources available to the firms affili- ated with the major accounting firms, she feels there's still plenty of room for smaller boutiques as well. Her focus, she says, is on providing a personalized "high- touch" service to clients. "Boutiques have the freedom to break the moulds and tradi- tions you might find in a larger law firm. Of course, there are very good practitioners at the national law firms, but I know many struggle to keep up with the demands on them for bill- ing hours with the staffing re- sources available to them." LT BRIEF: IMMIGRATION BOUTIQUES C 'We've changed from being simply work-permit processors to being fundamental to the corporate strategy,' says Howard Greenberg. © 2014 KPMG Law LLP, a tax and immigration law firm affiliated with KPMG LLP, each of which is a Canadian limited liability partnership. KPMG LLP is a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative ("KPMG International"), a Swiss entity. All rights reserved. Printed in Canada. The KPMG name, logo and "cutting through complexity" are registered trademarks or trademarks of KPMG International. KPMG LAW CONFIDENTIAL We see it all at once. Introducing a complete suite of tax and legal immigration services to help you overcome the challenges of a cross-border workforce - all in one place. kpmg.ca/law KPMG_LT_Nov17_14.indd 1 2014-11-13 11:56 AM

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