International students pursuing judicial clerkships???

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hyunseoki
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International students pursuing judicial clerkships???

Postby hyunseoki » Sat Sep 19, 2009 8:36 pm

Hey guys, do international students at top-tier law schools get into judicial clerkships? Are we eligible (as in, would the government sign an H1B visa for us to work in the states)?

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jonas
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Re: International students pursuing judicial clerkships???

Postby jonas » Sat Sep 19, 2009 9:07 pm

From OSCAR (the online clerkship application system):

Under an appropriations act restriction that is codified annually in a note to 5 U.S.C. 3101, Congress has prohibited the use of appropriated funds to pay federal employees whose post of duty is in the continental United States unless they are United States citizens or meet one of several exceptions. The limited exceptions to this prohibition permit government agencies to pay citizens of countries that are allied with the United States in a current defense effort and, under limited conditions, citizens of certain other countries. See 5 U.S.C. 3101 note (2005). In addition to the appropriations act restriction, all non-citizens must be eligible for employment under U.S. immigration law. Law clerk applicants may be required to provide citizenship information and proof of eligibility to work in the United States as part of the clerkship application. For additional information regarding the employment of non-United States citizens consult the United States Office of Personnel Management web site at --LinkRemoved-- or call the Office of General Counsel at the Administrative Office of the U.S. Courts at (202)502-1100.

See also --LinkRemoved--.
Last edited by jonas on Mon Sep 21, 2009 4:24 pm, edited 1 time in total.

Anonymous User
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Re: International students pursuing judicial clerkships???

Postby Anonymous User » Sun Sep 20, 2009 11:47 pm

NATO countries are obviously good to go. But you're korean (as am I). Are we officially "allied with the United States in a current defense effort"?

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GeePee
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Re: International students pursuing judicial clerkships???

Postby GeePee » Sun Sep 20, 2009 11:49 pm

Anonymous User wrote:NATO countries are obviously good to go. But you're korean (as am I). Are we officially "allied with the United States in a current defense effort"?


Considering we've had troops along your border for about 60 years as peacekeepers... yeah, I'm pretty sure you count as an ally.

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bwv812
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Re: International students pursuing judicial clerkships???

Postby bwv812 » Mon Sep 21, 2009 2:56 am

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Last edited by bwv812 on Mon Nov 22, 2010 5:55 pm, edited 1 time in total.

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hyunseoki
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Re: International students pursuing judicial clerkships???

Postby hyunseoki » Mon Sep 21, 2009 3:15 am

Thanks for the help fellas... I can see that I'd be eligible as long as I'm professionally qualified.

The thing is, though, will I be able to have a decent job lined up after I'm done with the judicial clerkship??? The problem is that H1B visas are hard to come by; I have to consider the possibility of nobody wanting to vouch for my visa, right? (also... there's the "luck/lottery" factor that needs to be attached to acquiring H1B visas). Should I just start a different threat on this or what?

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GeePee
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Re: International students pursuing judicial clerkships???

Postby GeePee » Mon Sep 21, 2009 9:05 am

hyunseoki wrote:Thanks for the help fellas... I can see that I'd be eligible as long as I'm professionally qualified.

The thing is, though, will I be able to have a decent job lined up after I'm done with the judicial clerkship??? The problem is that H1B visas are hard to come by; I have to consider the possibility of nobody wanting to vouch for my visa, right? (also... there's the "luck/lottery" factor that needs to be attached to acquiring H1B visas). Should I just start a different threat on this or what?

These circumstances somewhat depend on how long you've been in the country. Did you just come here for UG via a study visa, or have you been in the states longer? It would be much easier to buy you as a clerk/employee if you've started the naturalization process and are on the path to citizenship. I don't think government jobs will be so eager to employ someone who seems to have no interest in staying in the United States past short-term employment.

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hyunseoki
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Re: International students pursuing judicial clerkships???

Postby hyunseoki » Mon Sep 21, 2009 9:51 am

I've actually resided in the United States for more than ten years now; but I've constantly moved back and forth (U.S. = Pre-school, Middle School, UG, KOREA = Elementary School, High School). I intend to make a living in the states, so perhaps the potential problem regarding my lack of interest as an applicant to stay in the country shouldn't be of much concern, right?

No, I'm in no part of the naturalization process - strictly F1 Student visas

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GeePee
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Re: International students pursuing judicial clerkships???

Postby GeePee » Mon Sep 21, 2009 10:37 am

hyunseoki wrote:I've actually resided in the United States for more than ten years now; but I've constantly moved back and forth (U.S. = Pre-school, Middle School, UG, KOREA = Elementary School, High School). I intend to make a living in the states, so perhaps the potential problem regarding my lack of interest as an applicant to stay in the country shouldn't be of much concern, right?

No, I'm in no part of the naturalization process - strictly F1 Student visas

Oh, ok. In that case it will be easier to make the case that you will be a reliable employee who will be available in the U.S., since you seem to have considerable ties to the country now. However, since you seem to split time in the two countries, have you considered an application for dual citizenship? Having status as an American citizen will make it much, much easier to go through any sort of process in the states, not the least of which are employment opportunities.

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hyunseoki
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Re: International students pursuing judicial clerkships???

Postby hyunseoki » Mon Sep 21, 2009 7:33 pm

Citizenship is not as easy to come by anymore... the only way I'll ever get it is by 1. marrying an american woman or 2. getting H1B visa with dual intent (to work and to intend to acquire residency-> citizenship). It's a pretty daunting process... it could take forever...

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GeePee
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Re: International students pursuing judicial clerkships???

Postby GeePee » Mon Sep 21, 2009 8:01 pm

hyunseoki wrote:Citizenship is not as easy to come by anymore... the only way I'll ever get it is by 1. marrying an american woman or 2. getting H1B visa with dual intent (to work and to intend to acquire residency-> citizenship). It's a pretty daunting process... it could take forever...

That's interesting.. I'm not totally up to snuff on current statute on path to citizenship. If it's possible to grab the dual intent H1B visa... then try that. Otherwise your ties to the U.S. should be sufficient by now to provide some offer of proof that you will be a reliable employee.

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hyunseoki
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Re: International students pursuing judicial clerkships???

Postby hyunseoki » Mon Sep 21, 2009 8:07 pm

Acquiring the H1B visa for a judicial clerkship is just a teaspoon of the ocean when it comes to the problem that I have. Judicial clerkships usually last less than two years for a lot of people, and that's pretty much what I'm considering. I'm binded with my employer when it comes to the H1B visa; I can't seek different employment opportunities unless the employer decides to vouch for another visa for me.

Since ex-clerks are in high demand, I'm trying to have my fingers crossed on this. So the ultimate question is...... Are international J.D. students in good standing when it comes to U.S. legal employment??? Or do the schools expect that we return to our home country with an American J.D.???

gollymolly
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Re: International students pursuing judicial clerkships???

Postby gollymolly » Mon Sep 21, 2009 8:10 pm

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Last edited by gollymolly on Sat Aug 10, 2013 9:50 pm, edited 1 time in total.

Anonymous User
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Re: International students pursuing judicial clerkships???

Postby Anonymous User » Mon Sep 21, 2009 8:22 pm

See the career office at your law school. Surely this is a question they've confronted before.

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musketeerlady
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Re: International students pursuing judicial clerkships???

Postby musketeerlady » Thu Dec 10, 2009 5:23 pm

Thanks for the link on judicial clerkship. Sadly my country is not on the list of "allies", so I guess no judicial clerkship for me. Sigh.

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cantaboot
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Re: International students pursuing judicial clerkships???

Postby cantaboot » Sun Dec 13, 2009 1:56 am

ah ... I just realized that I am indeed eligible for judicial clerkships.

oh wait ... I do not have the grades... :roll:




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