The Gazette 1988

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GAZETTE JULY/AUGUST 1988
details of each course taken in each
year,
(ii) Copies of the actual degree in
duplicate,
(iii) Original transcripts from the
Incorporated Law Society or
the Kings Inns showing all
courses taken and qualifica-
tions earned,
(iv) A letter of reference from an
Irish/European firm, legal or
o t he r w i s e, i nd i ca t i ng the
wo r k t he emp l o y ee had
previously been involved in,
and perhaps indicating certain
projects of an international
nature that the applicant had
worked on. The above would
help establish both the prac-
tical and theoretical pro-
fessional expertise on behalf
of the individual.
If the H — 1 applicant is in Ireland
while the application is being pro-
cessed in the U.S., he or she would
attend at the American Consul's
office in Dublin to collect the H — 1
visa and have it stamped on his or
her passport before departure to
the U.S.
If the applicant is already in the
U.S. and still in status as a visitor
(B— 1 or B —2 visa), then a petition
to adjust status can also be submit-
t ed a l ong w i t h t he above
documents to avoid the expense
and inconvenience of a trip back to
Ireland if the applicant so preferred
at that time.
Issuance
The H—1 visa currently issues
within three to six weeks. On
occasion I have seen them issue in
shorter periods. This visa allows the
beneficiary to depart and return to
and from the U.S. freely for its
duration during which time one can
168
work, file for taxes, invest, etc. in
the U.S. It is a most firm basis from
which to adjust to permanent
residence ("green ca r d ") if both
employer and employee so agree.
Alternatives
Again one should note that the
H—1 visa structure does not apply
to the intra company transferee
situation which also has many
benefits particularly for persons at
managerial and executive positions,
nor does it apply whe re the
employee is not at the professional
level, where his or her temporary
employment in the U.S. may be
regarded as a period of training, and
a trainee visa would be available —
J - 1 or H —3.
Conclusion
For some the problem of immi-
gration and achieving work status
proves to be the most intimidating
barrier to coming to the U.S. to
practise law. However if t he
s i t ua t i on is initially assessed
co r r ec t ly and t he app l i ca t i on
processed in accordance w i th the
principles enunciated a visa should
issue without any problems. The
above is an outline of the H—1
c a t e g o ry w h i ch is t he visa
structure which is perhaps the
most applicable to members of the
legal p r o f es s i on i n t end i ng to
relocate for any substantial period
of time to the United States.
FOOTNOTES
(1) Immigration Procedures, Austin T.
Fragomen, Alfred Del Rey and Steven
C. Bell, Clark Boardman Co. Ltd., 1988.
(2) Permanent Residence Through
Employment in the U.S.A., Richard
Madison, 1981.
(3) Getting into America, Howard David
Deutsch, Random House Inc., 1984.
A g r i c u l t u r al Co n s u l t a nt
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T. P. Curran, .
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Tel: (045) 66941
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Fax Telephone: 781249
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60 State Street,
Boston, Mass. 02109,
U.S.A.
Editor,
GAZETTE,
Law Society.
14th June, 1988
Re: Working as a Foreign
Lawyer
in the United States
Dear Sir:
I thought some of your readers
might be interested to know that
the American Bar Association
has an International Legal Ex-
change Programme in which
individual foreign attorneys who
wish to receive training w i th
United States law firms or in
other legal offices may do so. It
can vary in time between three
months to eighteen months, and
one will be able to obtain a
Working Visa for the duration.
I have enclosed the relevant
i n f o rma t i on f r om the ABA,
together w i th an application
form wh i ch I presume can be
made available by the Law
So c i e ty to any i n t e r e s t ed
applicant.
I, myself, can be contacted at
the above address for any
assistance or help I can provide.
Yours sincerely,
Gregory Glynn
(Note: details of the ABA Inter-
national Legal Exchange Pro-
gramme are available from the
Education Officer at the Law
Society.)
Dr Keith W Snape
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