Joel’s career is a remarkable one; he’s helped a diverse range of clients, from senior executives to individuals and large multinational organizations, understand and manage the complexities of cross-border movement. He has an impressive track record of offering tailored advice to address each client’s unique circumstances, making him not only a trusted immigration lawyer but also a strategic advisor. Throughout our conversation, his passion for helping people navigate the immigration process, particularly in business-related matters, was evident.

In today’s complex world of immigration law, Joel Gubermann stands out as a seasoned expert with over 40 years of experience in both U.S. and Canadian immigration systems. On our recent podcast episode, we had the privilege of sitting down with Joel to discuss the intricacies of immigration in North America. With his extensive background in law and firsthand insights into the evolving immigration landscape, Joel offered invaluable advice for anyone navigating the challenging pathways of relocation for work, family, or personal growth.

The Perception of U.S. and Canadian Immigration: A Comparison

The general perception seems to be that Canada’s immigration system is more welcoming and perhaps easier to navigate compared to the United States. However, Joel offered a nuanced view, suggesting that the U.S. system, while strict, can be more straightforward in many respects. “The United States system is often more cut-and-dried, with rules that are generally adhered to,” he noted, contrasting this with Canada’s approach, which he described as somewhat more flexible but occasionally burdened by extensive paperwork requirements.

Joel explained that Canada’s immigration policies, especially those targeting high immigration numbers for permanent residents, can sometimes feel overwhelming for applicants. While Canada’s targets for immigration have been ambitious, they are also fluid, adapting to various economic and demographic needs. For example, Canada’s recent emphasis on temporary foreign workers in low-wage sectors, particularly in regions with low unemployment rates, is a practical measure aimed at balancing economic demands with local employment conditions. However, Joel pointed out that these measures often feel reactive, lacking long-term foresight. The temporary foreign worker program, he explained, is a case of “throwing darts at a perceived problem.”

U.S. Border Concerns and the Role of Temporary Workers

Our conversation also touched on a major topic in U.S. immigration: the challenges posed by unauthorized immigration across the southern border. Joel described how the United States has struggled with the issue for decades, with ongoing debates about undocumented immigrants and temporary workers. The Deferred Action for Childhood Arrivals (DACA) program, aimed at providing temporary protection to individuals brought into the U.S. as children, remains unresolved, despite being around for over 30 years.

Joel elaborated on how the issue of undocumented immigration has also had economic impacts, especially in states like California, where industries rely heavily on temporary and undocumented workers. “Without these workers, certain sectors would simply not be able to function,” he said, comparing the U.S. to European countries like Germany, where similar dynamics play out with temporary labor. Despite the ongoing challenges, Joel noted, the demand for labor from these groups underscores a deeper issue: the U.S. economy’s reliance on immigrants in sectors where local labor is often insufficient.

Refugee Acceptance and Public Perception in Canada

Joel also shared insights into Canada’s long history of accepting refugees, from the Vietnamese “boat people” in the 1970s to more recent Syrian refugees. While Canada has a reputation as a welcoming country, the perception that it takes in “too many” immigrants has been a persistent one. “This isn’t new,” Joel said, reflecting on how public opinion about refugee numbers has stayed relatively constant over the years.

Nonetheless, he stressed the importance of Canada’s humanitarian stance in accepting refugees from conflict-ridden regions. Canada has obligations to assist those fleeing war and persecution, yet Joel also emphasized the need for robust security and vetting processes to ensure both national security and the successful integration of newcomers.

Practical Tips for Skilled Workers and Business Immigration

One of the highlights of our conversation was Joel’s practical advice for skilled workers considering immigration to North America. For those pursuing work opportunities, he stressed the importance of compliance and strategic planning. “You need to understand the nuances of the visa you’re applying for, especially if it’s related to employment,” he advised. He elaborated on the significance of choosing the right visa type, considering that certain visas can provide a path to permanent residency while others do not.

For instance, the United States offers various types of work visas, including H-1B visas for skilled workers, and TN visas under the North American Free Trade Agreement (NAFTA), which provides specific allowances for Canadian and Mexican professionals. Joel pointed out that while these options are available, they come with unique requirements and limitations. Skilled workers, especially those in technical or specialized fields, should consider working with legal counsel to understand these requirements fully and avoid potential pitfalls.

Joel also provided insights into the importance of planning for long-term residency and citizenship. For immigrants aiming to make a permanent home in the U.S. or Canada, he recommended carefully assessing each country’s permanent residency options and weighing the pros and cons of their respective processes. For example, he pointed out that Canada’s Express Entry program provides a clear path to permanent residency for skilled workers and is points-based, making it somewhat predictable. In contrast, the U.S. system, often affected by long wait times and visa backlogs, requires a more strategic approach, particularly for those seeking employment-based residency.

Compliance, Adaptability, and Staying Informed

Joel’s conversation underscored the importance of staying informed about immigration policy changes. He noted that immigration rules can shift quickly, often as a result of political and economic factors, and advised clients to be adaptable and proactive in their approach. “Keep up with changes in immigration law and be ready to adapt,” he suggested, emphasizing that immigration, at its core, requires not just understanding the rules but also the flexibility to respond to evolving policies.

Throughout our discussion, Joel’s dedication to his clients and his passion for helping them succeed shone through. His expertise in immigration law, combined with his practical advice for both U.S. and Canadian systems, offered listeners a clear, informed perspective on immigration’s unique challenges and opportunities.

Whether you’re considering relocating for work, seeking a fresh start in a new country, or simply want to better understand North America’s immigration landscape, Joel’s insights provide a valuable guide for anyone embarking on their own immigration journey.