The Gazette 1988

JULY/AUGUST 1988

GAZETTE

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

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.

Hale and Dorr, Counsellors at Law, 60 State Street, Boston, Mass. 02109, U.S.A.

14th June, 1988

Editor, GAZETTE, Law Society.

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

FOOTNOTES (1) Immigration

Procedures, Austin T. Fragomen, Alfred Del Rey and Steven C. Bell, Clark Boardman Co. Ltd., 1988.

(Note: details of the ABA Inter- national Legal Exchange Pro- gramme are available from the Education Officer at the Law Society.)

(2) Permanent

Residence

Through

Employment

in the U.S.A., Richard

Madison, 1981. (3) Getting into America,

Howard David Deutsch, Random House Inc., 1984.

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