From Civil Litigation to Immigration Champion: Brian D. Lerner's Three-Decade Journey in Immigration Law
Mahaprasad & Atal
In the complex world of U.S. immigration, few attorneys have witnessed its evolution as comprehensively as Brian D. Lerner. With nearly 30 years of experience spanning multiple administrations and policy shifts, Lerner brings a unique perspective to the immigration landscape. In this exclusive interview with LegalBridge, the certified immigration specialist shares his journey from reluctant civil litigator to passionate immigration advocate, offering insights on everything from technological advances to the future of global mobility.
Finding Purpose in Immigration Law
Lerner's path to immigration law wasn't planned from the start. After graduating law school in 1992, he began his career in civil litigation but quickly discovered it wasn't his calling.
"I hated it. Oh, my God," Lerner recalls with candor. "With discovery and interrogatories... and then even if you won, you didn't win because it was a judgment. You had to collect the money."
It was a suggestion from his wife, who is Filipino, that led him to explore immigration law. "She says, 'Because maybe you should go into immigration law. My mom might get you some clients.'" While her mother didn't end up referring many clients, the suggestion proved life-changing.
"I got an abridged version of immigration laws, like 300 pages. And I found it very interesting," Lerner explains. This initial interest grew into genuine passion when he landed a unique position that was half civil litigation, half immigration law. "I love doing the immigration. I mean, I really liked it... I found that with immigration, when you win, you really win. The people's lives are changed."
Building a Comprehensive Practice
In 2001, Lerner started his own firm, eventually becoming a certified specialist in immigration law around 2005 – a credential he has maintained through four renewals. What makes his practice distinctive is its comprehensive scope, covering virtually every aspect of immigration law.
"Immigration's wide open," he notes. "Half the day I could work with people in deportation, the other half, investment visas. I mean, it's very good."
This diversity is something Lerner embraces. On any given day, he might help someone fighting deportation in the morning, work on an H-1B visa application by midday, and assist an EB-5 investor in the afternoon. This range allows him to see the immigration system from multiple angles, from family-based petitions to complex appellate litigation before the Board of Immigration Appeals and federal Circuit Courts.
"It's like a 10,000-piece puzzle," Lerner explains. "You do work on one piece over here and it affects 12 pieces over here. And, you're always in the gray area."
The Changing Immigration Landscape
Having practiced through multiple administrations, Lerner has witnessed significant shifts in immigration policy and enforcement priorities. He's particularly candid about the challenges presented during the Trump administration's first term.
"You get something going in immigration, you help somebody, and then all of a sudden he throws something else at the wall, and then you have to start doing something else. Then it just keeps happening," he recalls of that period.
As the country enters another Trump administration, Lerner approaches the challenges with more equanimity. "This second term, I'm a lot better with it because I know what's going to happen," he explains. "He's going to keep throwing it at the wall... But the fact is, he's got the Constitution to deal with. He's got the Immigration Nationality Act, he's got a bunch of judges, whether they're conservative or liberal, who will follow the Constitution."
This perspective has given Lerner confidence in the resilience of the legal system. "I'm positive that after four years and probably 10,000 lawsuits, you know, 80 to 90% of what he's trying to do is not going to happen," he states.
The Enduring Demand for American Immigration
Despite policy fluctuations and growing anti-immigrant sentiment, Lerner observes that the demand for U.S. immigration remains consistently strong.
"There is always a very high demand to get into the U.S.," he notes, comparing America's immigration process with other countries. "It's way easier to get into other countries. I'm not saying it's easy... but the demand is always there because the bottom line with America is, minus all the bad stuff, it's still a really great place to come and people know it. It still has a ton of opportunity."
This is particularly evident in the employment-based visa category. "Let's just talk H-1Bs. They get used up in a week or two weeks," Lerner explains. "The only time in my entire career where they might not have gotten used up right away might have been during COVID."
Technology's Slow March in Immigration
While technology has transformed many sectors, Lerner observes that immigration processes have been slower to evolve. "Technology and immigration, I'm just throwing out a figure, I think it's 20 to 25 years behind the technology if you go to a regular firm," he estimates.
He understands the reasons for this lag: "It's a bureaucracy. And even if they change one line in one form, we're talking millions of dollars and hundreds of people and all kinds of hours of processing and everything."
However, Lerner is encouraged by recent developments: "I am happy to see that more things are getting, are being able to be filed online. More things are being allowed to have e-signatures."
As for the impact of AI on immigration processes, Lerner believes meaningful implementation is still years away for government agencies. "I don't think that AI has even touched them as of yet," he observes, while adding: "I am a proponent of AI. If it's used properly, I think it is insanely helpful. I think it makes one more productive. I think it makes the quality of work better."
The Future of Global Mobility
Looking beyond current policy constraints, Lerner sees a future where global mobility continues to increase, driven in part by technological advances in business.
"With technology, with AI, and I'm not talking necessarily on the immigration side of it, but on the business side of it... I think it's easier to find good talent than it's ever been," he explains. "The L1s and the intracompany transferees and, for the green card, the EB1Cs, I think when we have an administration that doesn't try to block off itself from the world, that everything is better."
He sees immigration as an essential component of global commerce: "The way that products are made, If you have it made in this country here, and you have it distributed to that country there, and you have things added in this country there, and you have it marketed over there. It's a whole worldwide thing. And if immigration aids with that, which it does, if you have the tools, it will only increase mobility."
Advice for Future Immigration Attorneys
For those considering a career in immigration law, particularly in an era of AI and technological change, Lerner offers encouraging words based on decades of experience.
"If they have in their minds that ultimately they want to really help people, but they're willing to work hard to get up there," he advises, "Immigration law is a great law to get into, and I'm not marketing or selling anything. I'm talking from nearly three decades of experience."
He emphasizes the dynamic nature of the field: "It changes all the time. I mean, it's not like real estate law, so one doesn't get bored."
Finally, Lerner points to the global scope of immigration practice: "Not just here, sitting in my local office, not just in the state where I practice, not just even in the United States where I have a lot of clients, but worldwide. I mean, you would not believe the interest that people have wanting to come in."
This article is part of LegalBridge's ongoing series featuring immigration law practitioners who bring unique perspectives to the field. Follow us for more insights from legal professionals shaping the future of immigration law.
We invite law firms, corporate leaders, and immigration professionals to join us in these discussions. Your unique perspectives and experiences can help shape the future of immigration law and policy.
If you're an immigration law firm or Leader of In house Global Mobility, interested in sharing your insights and being featured in our next interview, we'd love to hear from you. Contact us to be part of this important conversation about the future of global mobility.
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*This article is part of LegalBridge's ongoing series featuring thought leaders in immigration law. Stay tuned for more insights from industry experts.*
