Oh Canada! Lateral Moves To And From Our Northern Neighbors (Part II)

Back in May 2016, I examined how and why Canadian and American attorneys consider becoming expats. A lot has happened since the first installment of “Oh Canada! Lateral Moves to And From Our Northern Neighbors,” and it is time for a sequel!

In Part II, I will tackle some of the questions I continue to receive from candidates contemplating a move cross-border. Specifically, I explain what the process involves, identify potential hurdles, and explain how to overcome them to land the ideal job.

Question: Are U.S. law firms still hiring Canadians? Resounding YES!

Over the past two years, I have noticed a rise in Am Law 100 firms opening their doors to Canadian lawyers. Recruiting a star midlevel associate has become increasingly difficult, and many law firms have turned to Canadian candidates to fill the void.

Class-Cuts

Canadian lawyers entering the U.S. legal market should expect their graduating class year to be pared down. The number of class years subtracted from a given candidate will depend on the specific individual and their experience. Typically, my junior candidates take a haircut of 1-2 years, while my senior candidates are a little less predictable, as their prior work experience more strongly dictates their awarded class year.

Bar Exam

As I discussed in Part 1, candidates are expected to be admitted in the jurisdiction to which they are relocating. However, it is worth nothing that Canadian JD’s are not eligible to sit for the bar in all 50 U.S. states. Consequently, it is crucial to consult with the relevant State Bar Association to determine your eligibility, as this can be a major hurdle when applying for a job in the U.S.

Ideal Time to Move

There is no “ideal” time to move. I have placed candidates in both buoyant and more difficult market conditions. However, in my experience, senior lawyers with 3-6 years of experience have more luck finding jobs than lawyers junior to them. This should not dissuade junior lawyers from applying to jobs, but they may find the process more challenging and/or time consuming.

Format of CV and the Deal Sheet

U.S. law firms like a simple, one-page CV. Here, less is more. I strongly recommend creating a deal sheet that highlights your substantive experience. Not all U.S. law firms are conversant with Canadian schools and universities or their “grading systems.” In some cases, they may also not be familiar with certain Canadian law firms. As a result, it is pivotal that you are able to highlight that you have the right experience for a role.

Visas and Immigration 

American and Canadian attorneys automatically qualify for the TN visa. While this is nothing new, it is worth noting that the visa is granted under the NAFTA agreement. This is material given President Trump’s uncertain position towards NAFTA. This has created some anxiousness over the continued availability of the TN visa; although, it has not deterred firms from hiring Canadian attorneys under TN status.

Due to the uncertainty surrounding U.S. immigration, I have noticed an increasing number of firms hiring Canadian lawyers on the TN visa and subsequently applying for an H1-B visa on their behalf shortly thereafter. Additionally, firms are now more amenable to applying for a green card on behalf of their existing Canadian associates, understanding there might be a risk of losing an attorney to a firm that will be willing to undertake the green card process for them.

Salaries

Good news for all! Salaries in both markets have increased over the past two years. However, there is no denying the increase is more significant in the U.S. market. Just a few weeks ago, Milbank shocked the market by increasing associate salaries. Most of the Am Law 100 firms followed suit. As a result, there is an even greater discrepancy in salaries today than there was in 2016 as between salaries from a Biglaw attorney in the U.S. vs. Canada. In fact, a midlevel associate in New York will make twice as much as midlevel in Canada, when factoring in the exchange rate.

Question: Are Canadian Firms Seeking U.S.-qualified Attorneys? Resounding YES!

The biggest hurdle for U.S. qualified attorneys looking to move north of the border is the daunting NCA process. As I discussed in Part 1, each U.S. attorney must become accredited by the Canadian Federation of Law Societies (also known as the NCA). Following this accreditation, they can sit for the provincial bar exam. This process is tedious and time-consuming, but is definitely doable.

In rare circumstances, firms will consider candidates who have not completed the process. However, these candidates generally have superior credentials.

Understanding the Market

I cannot stress enough the importance of understanding the legal market prior to starting the process. Choosing a firm because a friend can submit your CV is not an approach I recommend. In my opinion, it is more important to find a firm that is professionally and culturally the best fit for you. I am often approached by candidates seeking a change after landing at a firm because they are not the right fit for a role. I strongly recommend working with someone with a deep understanding of the market you are coming from and the market you seek to enter. It will be most valuable in your search. Good luck!

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