Cecily Zamora
Foreign lawyers can practice law in the US, but it is a complicated process. Each state has its own set of rules, and many do not recognize foreign law degrees. Some states, like New York and California, are more accommodating to foreign lawyers, while others, like Arizona, Arkansas, and Delaware, do not allow graduates of foreign law schools to take the bar exam. To practice law in the US, foreign lawyers must pass the bar exam in the state where they intend to practice. This involves getting their law degree reviewed and analyzed by the American Bar Association, which can take up to a year. While it is challenging, becoming a lawyer in the US as a foreigner is not impossible, and there are resources available to help with the process.
| Characteristics | Values |
|---|---|
| States that allow foreign law graduates to sit for the bar exam | New York, California, New Hampshire, Alabama, Virginia, Texas, District of Columbia, Illinois, Maryland, Massachusetts, North Carolina, Ohio, Pennsylvania, Tennessee, and Washington |
| States that don't allow graduates of foreign law schools to take the bar exam | Arizona, Arkansas, Delaware, Idaho, Indiana, Iowa, Kansas, Michigan, Minnesota, Mississippi, Montana, New Jersey, North Dakota, Oklahoma, South Carolina, and Wyoming |
| States with the most accommodating requirements | New York and California |
| States that don't require a degree from an ABA-approved school | Florida, Hawaii, Illinois, Kentucky, Maine, Nevada, Oregon, and <co: 9,10>Vermont |
| States that require an LL.M. from a Board of Governors-approved school | Washington |
| States that recognize all foreign law degrees | Vermont |
| States that allow foreign-trained attorneys with a 3-year on-site undergraduate law degree from most common-law countries to sit for the bar exam without completing additional coursework at a U.S. law school | New York |
| Types of visas used by attorneys | J-1 exchange visitor trainee visa, F-1 student visa, B-1 Business Guest visa, Treaty visas, and H-1B Visa |
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What You'll Learn
Foreign lawyers can practice in multiple states
Foreign lawyers can practice law in multiple states in the US. However, to do so, they must pass the bar exam in the state in which they wish to practice. This can be extremely difficult for foreign-trained lawyers, as most states require a Juris Doctor (JD) degree from a US law school to sit for the bar exam.
Some states do allow foreign law graduates to sit for the bar exam, including New York, California, New Hampshire, Alabama, and Virginia. New York and California, in particular, operate a relatively open policy in permitting foreign law graduates to sit for their bar examinations, without imposing restrictions based on nationality or residence. In New York, foreign lawyers can sit for the bar without being forced to complete further law school study in the US. In California, a foreign lawyer must complete an additional 20 credits of study in an LL.M. Program, including instruction in bar-tested subjects.
Additionally, several other states allow foreign-trained attorneys with or without a US LL.M. degree to sit for the bar exam, including Texas, the District of Columbia, Illinois, Maryland, Massachusetts, North Carolina, Ohio, Pennsylvania, Tennessee, and Washington. However, each state has different requirements for foreign-trained attorneys, and it is important to carefully review the relevant jurisdiction's rules for admission before undertaking any course of action.
For foreign-trained attorneys from common law countries, an LLM may be sufficient to sit for the bar exam in some states. On the other hand, foreign-trained attorneys from civil law jurisdictions may need to complete a JD program or an LLM program at a US ABA-accredited law school to be eligible. A two-year accelerated JD program is an option for attorneys from civil law countries, but it is an intensive course that may not suit those with family obligations.
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Foreign law degrees may not be recognised
The only state that recognises all foreign law degrees with any regularity is Vermont. Even Vermont provides apprentice programs to allow foreign lawyers to prepare for the bar exam. Some states do not allow graduates of foreign law schools to take the bar exam at all. These include Arizona, Arkansas, Delaware, Idaho, Indiana, Iowa, Kansas, Michigan, Minnesota, Mississippi, Montana, New Jersey, North Dakota, Oklahoma, South Carolina, and Wyoming.
If you are a foreign law graduate, you may need to get your law degree reviewed and analysed by the American Bar Association before sitting for the bar exam. This process can take up to a year, and even then, your application may be deferred. If you are a qualified lawyer in your home jurisdiction, you may be able to sit for the California Bar Exam, although you will still have some other requirements to fulfil.
If you have a law degree but are not licensed, you may qualify to sit for the bar exam if you complete an LL.M. with at least 20 credits at an ABA or California-accredited school. As part of these 20 credits, you must take a Professional Responsibility class that covers the ABA Model Rules of Professional Conduct and leading federal and state case law on the subject. At least three classes must be in subjects that appear on the bar exam.
If you are from a common-law country, you may be eligible to sit for the bar exam in many states, although you may first be required to obtain an LL.M. This is especially true if you are a foreign attorney coming from the United Kingdom, Canada, Australia, and South Africa. An LL.M. program is only one year of study, and you can sit for a US State Bar Exam in the state where you wish to practice.
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The LLM qualification can help foreign lawyers
Foreign-educated lawyers who want to practice law in the US must verify minimum legal education requirements, pass the bar examination in the jurisdiction where they will be working, and demonstrate strong moral character and fitness to serve as legal counsel. The legal profession in the US is regulated by jurisdiction, meaning there are 57 different sets of rules governing the right to practice law—one for each state, the District of Columbia, and territories under federal control.
Moreover, the LLM qualification can enhance career prospects for foreign lawyers. LLM programs are designed to prepare students for high-level careers in international law firms, multinational companies, or governmental organizations. The University of Houston Law Center's LLM program, for example, is recognized worldwide and has attracted lawyers from various regions, including Europe, Latin America, and Asia.
The LLM qualification can also facilitate eligibility to sit for the bar exam in certain states. While some states require a J.D. degree from a US law school, others, like New York, California, Texas, Illinois, and Maryland, allow foreign law graduates with an LLM to take the bar exam. In New York, foreign-educated lawyers with an LLM can even qualify for the bar examination without completing any further law school study in the US. However, it is important to note that completion of the LLM degree does not guarantee eligibility, and each state has its own specific requirements that must be carefully reviewed.
Overall, the LLM qualification can provide foreign lawyers with a solid foundation in US law, enhance their career opportunities, and, in some cases, enable them to take the first steps towards practicing law in the US by sitting for the bar exam.
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Visa options for foreign lawyers
To work as a lawyer in the US, foreign nationals must typically graduate from law school, pass the bar exam, and fulfil other requirements. The US considers lawyers to be skilled workers, and there are several visa options for skilled workers to immigrate to the US.
The H-1B visa is a common option for foreign lawyers, as it is a temporary work visa that allows companies to hire foreign university-educated professionals. However, there is high demand and a limited number of H-1B visas available. The L-1 visa is another option for intracompany transfers. Foreign lawyers can also consider the J-1 exchange visitor trainee visa, which allows lawyers to come to the US for training in public administration and law for up to 18 months.
Additionally, foreign students on F-1 student visas are entitled to a one-year work authorisation period called "optional practical training" upon completing their studies. This can be useful while waiting for an H-1B visa number or permanent residency work authorisation. In some cases, an attorney can enter the US as a B-1 business visitor to engage in specific business-related activities, such as meetings, consulting, contract negotiations, independent research, and trade shows.
For citizens of certain countries, there are treaty visas available. For instance, Canadians and Mexican lawyers can apply for the TN visa, while Australians can apply for the E-3 visa, which is similar to the H-1B visa. Nationals of over 50 countries are eligible for E-1 and E-2 visas, which are available to those engaged in trade between the US and the treaty country.
It is important to note that visa requirements and options may vary depending on individual circumstances, and it is recommended to consult with an immigration lawyer or specialist for personalised guidance.
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The bar exam is challenging for foreigners
The bar exam is a challenging and daunting process for foreigners. The first step is to get your law degree reviewed and analyzed by the American Bar Association, which can take up to a year. Once your application is accepted, you can sit for the state bar exam. However, the requirements for the exam vary across states. While some states like New York, California, Texas, and Washington State have more relaxed guidelines and do not impose restrictions based on nationality or residence, other states like Arizona, Arkansas, and Idaho do not allow graduates of foreign law schools to take the bar exam.
The bar exam itself is a difficult accomplishment, requiring knowledge of US law and the ability to apply it to hypothetical problem situations. The exam may include multiple-choice questions, essay exams, and the Multistate Performance Test, which evaluates lawyering skills. Additionally, a separate Multistate Professional Responsibility Exam tests knowledge of professional ethics. To be eligible for the bar exam in certain states, foreign lawyers may need to obtain an LL.M. or complete additional coursework at a U.S. law school.
Preparing for the bar exam can be a challenging and time-consuming process, with many American law students spending months on preparation. Foreign-trained lawyers may face additional obstacles, such as a lack of hands-on experience and difficulty accessing preparatory resources. However, with dedication and perseverance, it is possible for foreigners to successfully pass the bar exam and become licensed lawyers in the US.
In addition to the academic challenges, foreigners must also navigate the complex process of immigrating to the US and obtaining the necessary visas. Understanding the specific requirements of each state and planning their career path accordingly is crucial for foreigners aspiring to practice law in the US. While it may be challenging, becoming a lawyer in the US as a foreigner can offer valuable opportunities and enhance one's legal career.
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Frequently asked questions
Yes, a foreigner can practice law in the US, but they must pass the bar exam in the state in which they intend to practice.
The requirements to sit for the bar exam vary by state. Some states require a J.D. degree from a US law school, while others allow foreign law graduates to sit for the exam with an LL.M. degree or a foreign law degree. It is important to check the specific requirements of the state in which you intend to take the exam.
Becoming an international lawyer in the US can increase your demand in the global legal field. International lawyers with experience in multiple countries and jurisdictions may become more valuable as globalization continues to make the world smaller. Additionally, many international lawyers understand multiple languages, which can lead to higher salaries and increased travel opportunities.
