F-1 Student/US Jobs Forum

[123Law]

Caught something on the HLS website, was wondering if someone with relevant experience could please elaborate.
To be found here.

"Q:What use would a J.D. degree be to a non-US citizen?
A:There are many possible and distinct answers to this question... [Blah blah, etc...]

With a Harvard Law degree, a person would likely have many opportunities to live and work in the US on a green card. Although some governmental departments have citizenship requirements, many law firms are more than willing to hire non-U.S. citizens.

Outside of the US, many global law firms practice US law and thus require lawyers who have been trained with a J.D. degree. For example, there are more than 30 firms offering positions to US lawyers straight out of law school in London, at salaries which are generally higher than those for British solicitors of the same age."

Really? Does anybody know a non-US graduate (and non green-card holder) from HLS or a similarly ranked school (let's say T5 whatever) who was actually presented with such opportunities?

Thanks

[jbagelboy]

Yes. I have many canadian, french, british and other foreign friends who will have these opportunities from top schools, if you mean large US and magic circle firms. Foreign JD recipients just can't clerk for an article III court.

[123Law]

Yes, I understand that foreigners can get US jobs after graduation and stay 1 year on OPT and then 6 max for H1B1, but this is the first time I'm hearing about people getting actual green cards.

[Purplebook]

Yes, I understand that foreigners can get US jobs after graduation and stay 1 year on OPT and then 6 max for H1B1, but this is the first time I'm hearing about people getting actual green cards.

The employer who gives the H1B applies for the green card during the six year time period. Happens all the time in science and tech companies.

[123Law]

But how likely is it that it'd actually be granted?

[despina]

Yes, I understand that foreigners can get US jobs after graduation and stay 1 year on OPT and then 6 max for H1B1, but this is the first time I'm hearing about people getting actual green cards.

The employer who gives the H1B applies for the green card during the six year time period. Happens all the time in science and tech companies.

It happens all the time in science and tech because there's a shortage of US science and tech grads. The opposite is true for JDs, which makes the green card much less likely.

Read up on the PERM process for employment-based green cards. Basically the employer has to advertise your job, and prove that there were no qualified US workers who were available to take it at the prevailing wage. It's hard for me to imagine that being possible for an associate position in the US.

All of the JD green card holders I know got them through a different route -- usually family sponsorship or marriage.

It's truly astonishing to me that a lot of law schools seem to actively mislead foreign students about their prospects for staying permanently in the US.

[esther0123]

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[despina]

Canadians and Mexicans have access to the TN visa, which is a temporary professional work visa (like the H-1B). Unlike the H-1B, it can be renewed indefinitely -- no 6-year limit. However, Canadians don't have a special path to a green card; they go through the same PERM process. So Canadians have the same essential problem as any other foreign student -- as soon as your employment ends (because you quit or are let go), you're out of status and need to leave, or find another employer to very quickly file a new petition for you. And your employer has to pay thousands of dollars in fees to keep your status up to date, when there are hundreds of Americans knocking down the door for your job.

[M458]

Canadians and Mexicans have access to the TN visa, which is a temporary professional work visa (like the H-1B). Unlike the H-1B, it can be renewed indefinitely -- no 6-year limit. However, Canadians don't have a special path to a green card; they go through the same PERM process. So Canadians have the same essential problem as any other foreign student -- as soon as your employment ends (because you quit or are let go), you're out of status and need to leave, or find another employer to very quickly file a new petition for you. And your employer has to pay thousands of dollars in fees to keep your status up to date, when there are hundreds of Americans knocking down the door for your job.

The TN visa doesn't cost thousands of dollars in fees - it's actually a fairly easy visa to process and the wait times are also quite quick. Of course, as you've said, it still leads to the same problem of not really having a path to a green card. But it's a lot better situation than the H-1B (in some respects).

[despina]

Canadians and Mexicans have access to the TN visa, which is a temporary professional work visa (like the H-1B). Unlike the H-1B, it can be renewed indefinitely -- no 6-year limit. However, Canadians don't have a special path to a green card; they go through the same PERM process. So Canadians have the same essential problem as any other foreign student -- as soon as your employment ends (because you quit or are let go), you're out of status and need to leave, or find another employer to very quickly file a new petition for you. And your employer has to pay thousands of dollars in fees to keep your status up to date, when there are hundreds of Americans knocking down the door for your job.

The TN visa doesn't cost thousands of dollars in fees - it's actually a fairly easy visa to process and the wait times are also quite quick. Of course, as you've said, it still leads to the same problem of not really having a path to a green card. But it's a lot better situation than the H-1B (in some respects).

The TN is definitely cheaper and simpler than the H-1B in terms of government fees and process, but it still costs the time of an immigration attorney. And if you're expecting to have it renewed every one to three years for the entire course of your career, that adds up. For each application / renewal: flat fee to an immigration attorney based on several hours of their time, $325 filing fee for the I-129 petition, plus $160 application fee for the visa itself (not needed for Canadians but some employers want it because they believe it makes travel less risky. Nothing more fun than having your employee stuck in Ontario indefinitely because some jerk of a CBP agent second-guessed your paperwork at the border).

[Pokemon]

Nevermind...