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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

Services include

Damage and Los Assessment ,

C.P.O.'s, Insurance Claims,

Professional Evidence in Courts

T. P. Curran,

M.Agr.Sc

.

20, Lakelands, Naas, Co. Kildare

Tel: (045) 66941

L A W Y E R S E R V I C E S

For a Fast Efficient Service

Legal Agents, Law Searchers

and Summon Servers

25, Wexford Street, Dublin 2.

Fax

Telephone: 781249

Hale and Dorr,

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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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