Effective immigration policy helps U.S. keep global edge

By Sheila Pursglove Legal News Prior to law school, Aimee Guthat had no idea there was such a thing as "immigration law," despite hearing references to green cards and immigration papers. "It didn't seem to be a big deal--how wrong I was," she says. "After surviving first year of law school, I accepted a student law clerk position with a local attorney that practiced immigration law. I thought it would be an interesting way to spend a year and get some exposure to administrative law. Now, more than 15 years later, I'm still practicing immigration law and can't imagine working in any other field." A senior attorney with Fragomen, Del Rey, Bernsen & Loewy in Troy, Guthat has taught Immigration Law as an adjunct professor at the University of Detroit-Mercy Law School since 2007, and is involved in the university's innovative Law Firm Program. "When UDM added an employment-based immigration law module to the Law Firm Program, I was very excited and honored to be asked to participate," she says. The curriculum at UDM Law is specifically designed to give students critical tools for the development of professional legal skills that would normally be gained during the first year of practice, through required participation in clinical programs and the Law Firm Program. The Immigration Clinic, which gives students the opportunity to represent immigrants in a variety of non-employment based matters, is highly regarded in the field and "provides such an important community service to the immigrant as well as unique experience to the student," according to Guthat. "The issue of U.S. immigration stirs a great deal of passion in people, whether their view is pro- or anti-immigration," Guthat notes. "Further, this issue is one that's very politicized and immigration-related policies and laws are very much driven by the economy, especially in the employment-based arena. The ability to successfully interpret immigration policy, which tends to change with each administration, is gained only through experience." The key to the U.S. maintaining its footprint and position as a leader in the global economy, she says, is to have workable immigration laws that allow companies to hire and maintain the best talent, regardless of citizenship or country of origin. "It's no longer enough to be good at home--we have to be good everywhere. In order for the U.S. to maintain its global edge, we need to be able to retain exceptional talent here - the thinkers, the innovators, the researchers--many of whom are foreign nationals." According to Guthat, employment-based immigration will continue to be a target among politicians and law makers at both the state and federal level, which will make entry into this field from the ground more challenging than ever. The extensive and complicated set of immigration laws are governed not only by the Department of Homeland Security and its sub agencies - in particular Citizenship & Immigration Services, Customs & Border Protection, and Immigration & Customs Enforcement--but also by the Department of State and the Department of Labor. About every decade there is a major overhaul of the immigration code with significant changes dramatically affecting individuals as well as global companies with operations in the U.S. "The last major piece of employment-based immigration legislation was enacted in 2000, so we are due for reform," she says. "However, since then, there have been policy memos and directives from the agencies, which in some cases certainly affect the legal analysis and requirements for certain benefits. You have to constantly study and keep your finger on the pulse of the economy, political posturing, and agency changes. Immigration law is very dynamic, which keeps it very interesting." She primarily focuses on employment-based immigration and corporate compliance, with clients ranging from small and mid-size companies to large multinational organizations in a variety of industries, including management of major OEMs and product and technology suppliers in the automotive industry. Guthat enjoys the cultural interaction with people from countries around the world, and learning about customs and behaviors based on different religious beliefs, ethnicity, and traditions. With different approaches between U.S. and foreign entities to very common issues, such as policy development or strategic planning--especially if the foreign company is the controlling entity--clients often look to Guthat for guidance on how to communicate effectively with non-U.S. colleagues. "There's no question we live in a global economy and the key to a strong U.S. presence in the global marketplace is the ability of U.S. companies to remain competitive," she says. "Collaboration with other corporate figures and colleagues outside of the U.S. is essential, and requires a refined level of sensitivity and understanding of the nuances between our cultures." A favorite case involved a cardiothoracic surgeon with a major university hospital, with a sub specialization in pediatric cardiac surgery, and creator of an innovative, less invasive surgical procedure for treatment of a congenital heart defect in infants and pediatrics patients. "It's an incredible development for our littlest and most vulnerable patients--and came at the hands of an immigrant," Guthat explains. "The Immigration Service agreed that our client should be granted permanent residence on the basis of his extraordinary achievements and ability in medicine." Guthat, who received her bachelor's degree in political science and Spanish from Western Michigan University, and her J.D. from the Michigan State University College of Law, joined Fragomen in 2000. Guthat and her husband Peter, both natives of Grosse Pointe, live in Grosse Pointe Farms with sons Joseph, 5, and 8-month-old Matthew. An avid reader, she enjoys skiing, spending time at Pier Park, and serving as chief "land crew" for her husband's sailing adventures. Published: Thu, Jan 31, 2013

––––––––––––––––––––
 Subscribe to the Legal News!
 http://legalnews.com/Home/Subscription
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available