H-1B Visas for Lawyers
According to data from the United States Bureau of Labor Statistics, there are over 707,000 lawyers currently employed throughout the country. Of these, many have utilized the H-1B visa program.
The H-1B visa program allows employers to support foreign-born individuals working in certain “specialized occupations.” While specific requirements must be met, the H-1B visa program allows law firms to pull from some of the best lawyers across the globe.
MVP Law Group Can Help You
At MVP Law Group, we understand the importance of H-1B visas and benefits it can provide to employees and employers alike. Whether you are a foreign-born lawyer looking to work in the United States or a firm or company looking for skilled workers, our team can help. Contact us today to set up a consultation to learn more about the H-1B visa process.
Are Lawyers Eligible For an H-1B Visa?
Lawyers, like individuals in other professions, can be eligible for an H-1B visa in the United States, but they must meet specific criteria and requirements. First and foremost, the particular position must meet the criteria of a "specialized occupation." This means the job should require at least:
At least a bachelor's degree or higher in a specific field of expertise, which is a requirement for legal professions.
A license to practice law in a particular U.S. state.
With that requirement met, the lawyer can then proceed with the application process. While every case is different, the H-1B visa process typically includes the following:
Job offer - To qualify for an H-1B visa, a lawyer must first receive a job offer from a U.S. employer. This employer, typically a law firm or legal organization, must be willing to sponsor the visa application.
Educational qualifications - The lawyer must have the necessary educational qualifications for the job. In most cases, this involves holding a law degree (Juris Doctor or equivalent) from a recognized institution.
Labor Condition Application (LCA) - The employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor, certifying that the lawyer will be paid at least the prevailing wage or higher for the position and that employment conditions will not adversely affect similarly employed U.S. workers.
H-1B Petition - Once the LCA is approved, the employer submits an H-1B petition to U.S. Citizenship and Immigration Services (USCIS) on behalf of the lawyer. This includes evidence of their qualifications, the job offer, and other required documentation.
Approval - If the H-1B petition is approved and the lawyer is abroad, the lawyer can apply for an H-1B visa at a U.S. embassy or consulate in their home country. If you are already in the U.S. on another visa status, your status will change to H-1B upon approval.
Where Can H-1B Lawyers Work in the United States?
Not only is the H-1B visa program competitive, so too is the legal profession. Still, there are several employment options that lawyers can explore as they search for a job in the United States.
Law firms - Many H-1B lawyers work in private law firms, which may specialize in various areas of law such as corporate, immigration, criminal, or civil rights law.
Corporations - H-1B lawyers can also work for corporations, providing legal counsel on corporate governance, intellectual property, contracts, and other legal matters.
Nonprofit organizations (NPOs) - Some lawyers choose to work for nonprofit organizations, where they may focus on issues like human rights, environmental law, or social justice.
Government agencies - Lawyers can find employment with government agencies at the federal, state, or local levels. They may work as prosecutors, public defenders, or in regulatory roles.
Universities and educational institutions - Some H-1B lawyers work for universities and educational institutions, often in roles related to academic administration, research, or international student services.
In-house counsel - Many large companies have in-house legal departments, and H-1B lawyers may serve as in-house counsel, addressing the legal needs of their employers.
Research institutions - Lawyers with expertise in specific areas of law, such as patent law, may work in research institutions or technology companies.
As a lawyer, finding employment in the United States means being able to work in a variety of different organizations and roles. However, it is important to remember that as your position changes, so too may your eligibility for holding or obtaining an H-1B visa. Having an experienced H-1B visa lawyer can help you understand your options.
Get in Touch with MVP Law Group
At MVP Law Group, we recognize the complexities of obtaining and holding an H-1B visa, especially for lawyers like you who are dedicated to delivering exceptional legal services. Our adept and seasoned immigration team is ready to assist you throughout the H-1B process. Get in touch with us today to arrange a consultation. We can discuss your circumstances and get started on the path to obtaining an H-1B visa.