Jersey Joys
Two local immigration lawyers find synergy between doing their day jobs and running a restaurant that relies on imported Japanese expertise.
Chris Styler reports.
As current topics go, immigration law is hot. Navigating the maze of restrictions and regulations that govern immigration is not so hot, especially for those who are trying to operate a restaurant, manage a hotel, or staff a kitchen at the same time. Ideally, all foodservice operators should be well versed in up-to-the-minute immigration law and would be backed by a firm's worth of associates and paralegals.
David Sindell and David Nachman come close to achieving that ideal. They are attorneys with separate practices, each specializing in immigration law: Sindell Law Offices in Manhattan, with branches in Tokyo and Los Angeles, and Nachman & Associates in Manhattan and Upper Saddle River, New Jersey. Sindell—who spent part of his childhood in France and part in Japan and is fluent in both languages—has a deep interest in the cultural importance of food, and it was in some measure responsible for the birth of the Tokyo branch of his practice. It was also a big factor in his decision to buy a Japanese restaurant in Teaneck, New Jersey, Nachman's hometown. When Sindell first approached Nachman about going into the restaurant business, Nachman wasn't surprised that the restaurant in question was Japanese. What surprised Nachman was hearing himself agree. Given the legal duo's experience in all matters dealing with immigration, it should not seem startling that the core group of talent in the kitchen—like many of the wines that make their restaurant's list so exciting—is imported.
Nachman and Sindell set out to transform Hiro's (as the restaurant was originally named), and transform it they did. Today Bistro En, an upscale but casual restaurant that features French food with a heavy dose of Japanese sensibilities, and Lounge Zen—a mix of art gallery, live-jazz scene, sushi bar, DJ lounge, and more—occupy the three rooms that formerly housed Hiro's. Manager/bartender Gen Yamamoto, whom Sindell met at a hip bar in Tokyo, arrived on the scene at the start of the project and oversaw much of the transformation, adding a killer list of seasonal cocktails along the way. The sushi bar, now housed in Lounge Zen, and by extension the lounge itself took on a new dimension with the coming of Seiki Yamada, a personable, gifted sushi chef with an outgoing personality and a sushi menu that, like Yamamoto's cocktail menu, changes with the seasons.
On one side of the wall, Bistro En, with its exposed brick and open kitchen (which can "close" with the lowering of modern wooden blinds), has accumulated positive reviews and, more important, a loyal following, thanks to chef Yoshikatsu Yamashita and dishes like his shiitake risotto and a splendid roasted Hudson Valley duck breast. The sushi bar now has a pass-through window with Bistro En, so both lounge and restaurant guests can share menus: more cultural and culinary exchange. Rounding out the team is pastry chef Yumiko Kobayashi, whose beautifully presented creations include a classic molten chocolate cake and a "rare" (slightly runny in the center) cheesecake with berry coulis.
The fact that Nachman and Sindell spend their days immersed in the minutiae of immigration law gives them an inside track on creative (and legitimate) ways of building a restaurant staff. The above-mentioned quartet of chefs and managers has certainly helped make their restaurant into the hit it is today. But the pair say that their situation is fundamentally no different from that of the average operator. The message from Sindell and Nachman, regardless of the type of operation, is always the same: "Do the paperwork and abide by the regulations. If you realize you have an undocumented worker, ask for the documents. If you can't get them, seek professional assistance." The pair admit that obtaining a visa and an eventual LPR (for lawful permanent resident; more commonly known as "green card") status may be simpler for talented, upper-management individuals like theirs. But they have represented many restaurants and hospitality organizations and have been successful in assisting workers at every level. "The most important thing for an immigration lawyer to do is to spend the time exploring all of the options for any restaurant employee," states Nachman. "There are so many immigration benefits that are available but that are keyed to such things as the individual's country, the number of years the individual may have been in the United States, his or her relationship to a green card holder, and whether the individual made a filing with the immigration authorities at a particular time."
Nachman, a professor of paralegal studies at Fairleigh Dickinson University in Teaneck, and at Bergen County Community College, spends a good deal of his time giving training seminars to employers about immigration law compliance issues. "People think there are no alternatives to hiring undocumented workers, but these aren't cookie cutter situations," says Nachman. "Let me talk to the employer and the employee. There are many ways to go forward and a lot of factors that could help the case. Many of these workers get their info from members in their community and I don't have to tell you that isn't always reliable."
Visa options The H-3 visa allows individuals to come to the United States as nonimmigrants to receive training not available in their home country. The P-3 visa allows foreign nationals to enter the U.S. to teach or perform culturally unique material. E-2 visas are for individuals who will invest in a business. L-1B visas are for "specialized skilled" workers. The H-1B visa is for workers in "professional and specialty occupations." |
Restaurant and hotel owners, chefs, and managers tend to look at immigration issues differently from the way many other people do. Foreign nationals, documented or not, form the backbone of the hospitality business: it simply can't be conducted without them. The issues are complicated; fear of the unknown and political rhetoric make them more so. But there are options, albeit ones not easily navigated by the inexperienced. "Even as attorneys who specialize in this field, we have to struggle constantly with the regulations," Sindell admits before citing an example. "There is currently proposed legislation in Congress which would allow many unauthorized workers to obtain temporary work visas and, eventually, permanent residence." If and when that legislation is passed, however, there would also be much stronger enforcement of the law and monetary and even criminal penalties for hiring unauthorized workers. So, as always, it will be incumbent on restaurant owners to ensure full compliance with the law and to investigate all avenues to obtaining immigration benefits that allow workers to work legally for the employers. Enter firms like Nachman's and Sindell's.
As Nachman so well puts it, "I can tell you this: employers who go out of their way to help foreign nationals on their staff attain legal status will reap significant benefits. They build symbiotic relationships and very, very deep trust. These people aren't going anywhere. Instead of looking at this enormous, complex issue and seeing confusion or frustration, look at it and see an opportunity."
Nachman and Sindell saw an opportunity in the form of a once prosperous and long-lived restaurant. With imagination, perseverance, and the ability to tap into authentic Japanese talent, the pair—working with chefs Yamashita and Kobayashi—have transformed Bistro En into a restaurant whose creations, long on flavor and presentation, have garnered buzz, as has the vibe in Lounge Zen. Given Yamamoto's careful attention, the music, the clientele, and the art scene have developed into a distinct draw, not the least of which is attributable to sushi chef Yamada's artistry and presence. For their part, Sindell and Nachman continue to guide the "core four" through the legal process. In keeping with Nachman's prediction and Sindell's working knowledge of Japanese business practices, all have become more than employers and employees: they are the essence of a successful, evolving, and vibrant restaurant and lounge.
