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Publication: Economic Times Mumbai
Date:Sep 12, 2005
Section:GIT
Page Number:16


EASTWARD HO! - With India fast emerging as the world’s biggest skills pool, immigration law firms are looking for a foothold, finds Ishani Duttagupta

EVEN as MNCs start hiring around the world, corporate immigration services, specially for law firms, are gaining ground. Leading US firms like Fragomen, Del Rey, Bernsen & Loewy and LLP, for instance, have over 130 attorneys and 500 professional immigration specialists and staff located in 25 offices in the US, Asia Pacific, and Europe working in partnership with clients to facilitate the hiring and transfer of employees worldwide.

And given the fact that India provides a huge pool of skilled immigrants, various global law firms are looking to set up shop here as well. 'The problem so far is that foreign law firms are not allowed to practice in India yet and cannot set up full-fledged law offices catering to immigration requirements of companies and individuals. However, various legal entities are eyeing the Indian market with some tying up with immigration consultants who service Indian immigrants wishing to move to geographies like Canada and Australia,' says Poorvi Chothani of LawQuest, who is also correspondent attorney for Cyrus D. Mehta & Associates, PLLC, a Wall Street, Manhattan-based law firm practicing in the area of US immigration and nationality law. She also has similar tie-ups with associate law firms in the UK, Germany and Canada.

US law firm Littler Mendelson, PC, which strategically follows its growing client base by opening offices in major metropolitan locations around the US, as part of the 'following the clients' policy created an outbound and cross-border corporate migration practice, Littler Global in 2004.

'In the late 1990s, the technology boom created an immediate need for engineers to support growing companies in the high technology geographies in the US. In the post-9/11 global economy, US firms are looking for support in moving employees from the US to India, China, and other countries, and they are looking for a single provider to cover both inbound and outbound migration and employment law needs,' says Wendy Tice-Wallner, California-based chairman & MD, global strategies, Littler Mendelson.

The firm is also looking at the possibility of an overseas foray with India on the top of the list. 'Indian companies are growing globally and following their clients so as to service business needs around the globe. Companies like Motorola have outgrown their office space in Bangalore two years ahead of schedule. India and China are looking at increasing joint opportunities to use their resources to compete on a global basis. The time is ripe for India to take a key role in providing engineers to companies around the world. Little Global, with the support of IT services provider, INSZoom, is poised to assist these highly trained individuals travel the world on behalf of their companies,' adds Tice-Wallner.

Another US-based law firm, The Law Office of Sheela Murthy, which has represented clients around the world in all aspects of US immigration, has recently set up shop in Chennai with Murthy Immigration Services Pvt Ltd.

'Immigration is a key factor in any international business and MNCs often have offices/branches in several countries. Unless their immigration procedures are in place, they will not be able to keep their deadlines on projects. India is undoubtedly a force to reckon with. As you are aware, we can see several manufacturing and service giants establishing a base in India,' says Senthil Kumar, supervising attorney, Murthy Immigration Services, Chennai.

'Murthy Immigration Services was set up primarily to help the large client base of existing and potential clients of The Law Office of Sheela Murthy. The reason we have a presence in India is also because the US Consulate in Chennai is the highest H1B visa issuing post in the world. We want to help H1B and other employment or business based visa applicants, which includes individuals and employees of large corporations with their immigration processes. There are a lot of restrictions on immigration law as far as who can advise a client. Some countries like the US even require a difficult examination to be cleared and a person to be legally licensed to practice law before one could advise on complex or even simple immigration law issues. Immigration service providers need to be law firms ably supported by technology. Immigration services will be centers of specialised knowledge with personnel able to guide clients in the procedures necessary to apply and obtain the visas necessary to travel to the US. Laws have become complex and the approvals are difficult in a complex and ever changing field of law that requires the latest up to date knowledge of the changing laws. Technology will be used mainly to accomplish the tasks at hand,' he adds.

The complex and ever-changing legal requirements of global migration makes it essential for companies to keep up-to-date. Hence, the need for sophisticated legal assistance as well as critical technology to track and update specialised processes. And that's where India is a logical hub, especially for US companies.

Says Tice-Wallner: 'A combination of sophisticated global migration services and robust flexible technology is the ideal combination. Indian companies are also looking for quality and time sensitive services as they move around the world to support their client base.'


Agrees Kumar: 'Large technology companies are recruiting lawyers to assist their HR personnel handle their visa applications. When there is a complex situation, they turn to those with experience and knowledge in the field. MNCs have no choice but to tackle the visa needs of their employees, either by trying to figure it out on their own or hiring the best outside experts. Though certain processes appear to be simple, or one appears to be the same as another, there are critical and subtle differences that require knowledge and experience to discern. Strategic planning of a company's immigration needs make them competitive in the global market. MNCs will have to deal with US immigration more than they ever did as the business between the US and India increases. As the economy becomes global - there will be an increasing need for personnel to meet, consult, and train or be trained.'


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