Legal Question in Immigration Law in New York

Re: H1B visa for a law clerk in state court

If the job is a legal job that requires a licensed attorney to perform the job duties, then you will not be eligible for an H-1B if you are not yet admitted to practice law in the US (and more specifically, in the state in which the judge is located). If there are other requirements, and a license is not required for the position, then you may be eligible to apply for an H-1B through this position. YOu should consult with an immigration attorney to determine your eligibilty.

Re: H1B visa for a law clerk in state court

So long as the position requires a law degree, it is considered a specialty occupation and an H-1B would be viable. If the position requires that the law clerk be admitted to practice in the State, then you would not qualify unless you were in fact admitted to practice in the State. Based on our experience, admission to the bar is not a prerequisite for a law clerk position.

We have had recent success in obtaining an H-1B approval for a law clerk.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com