California Bar Exam & Immigration Status in U.S.A.

Did you ever wonder what the benefits are, for foreign admitted attorneys, to take American Bar Exam? Is it only an issue of prestige? Can passing of American bar exam change your life? Can you legally move to United States or can you significantly increase your salary in your home country? Can you even afford additional legal education which will allow you to pass bar exam in the United States? Do you even have time to do so as busy professional? Do you need to move to United States to take the bar exam in United States?

Following article will answer most of these common asked questions.

Who administers bar exam in the United States?

The bar exam in United States of America is administered by either state supreme court or state bar association. Each U.S. state regulates admission to its bar on its own rules. These rules vary significantly. While some states in USA will allow you to become attorney after graduation from ABA approved law school without even sitting for the bar exam, other states will require you to pass bar exam.

Are my chances of passing bar exam different in different states?

Yes, they are. Som states, such as Florida (the fourth biggest bar exam jurisdiction in the United States), have pretty high pass rate. Other states, such as New York and California (the two of the biggest U.S. bar jurisdictions), have much lower pass rate.

Does my foreign law degree allow me to sit for any bar exam in the United States?

Definitely not. The first thing that matters is whether your law degree is from common law jurisdiction or not. If you have earned your first law degree in common law jurisdiction, you might be allowed to sit for the bar exam with your foreign law degree only. If your law degree was from civil law jurisdiction, such as Germany or Italy, your master’s degree in law will have different value in different American states. Some states, such as Florida, will only recognize it to be an equivalent of American bachelor’s degree and you will have to sit for 3 yearlong J.D. degree (and spent fortune). Other states, such as New York, will recognize your masters degree in law as masters degree and they will only require you to sit for additional classes at ABA approved law school for one year to sit for the New Yor bar examination.

Do I really have to study in the United States to sit for the bar exam?

Not at all. Foreign Attorney Bar Institute® is the only institution in the United States, assisting exclusively foreign admitted attorneys to sit for the bar exam in the United States, without the necessity of studying at ABA approved law school or any other law school in the United States at all. Our team of legal professionals will handle all the paperwork on your behalf and in addition to that, we will prepare you for the U.S. bar exam from the comfort of your home (or office) so don’t need to quit your job and move to United States.

You can study few hours a day for 10 months without even stepping a foot in the United States to take the U.S. bar exam. Not only will you save tens of thousands of dollars but more importantly, our intensive program won’t affect your legal carrier or your family life. In fact, most of the students who have passed bar exam with our program have not disclosed to their employers or colleagues that they are sitting for the bar exam in United States until the moment that they have passed it.

What are the benefits of passing bar exam in the United States?

Whether you intent to live in the United States or not, the benefits of being admitted to practice law in the United States are endless. One of our former students from Prague became a partner in law firm where she works right after she passed the bar exam. Besides of becoming partner she received a salary of 20.000 EUR a month which is pretty much nice salary for Central Europe. With the number of American law firms operating all over the world, passing of bar exam can significantly increase your salary wherever you live.

If you do not intent to live in the United States, another benefit of being admitted in the United States is to teach U.S. law at international law schools. Demand for American law professors is hight all over the globe.

Immigrating to the United States as foreign attorney.

E2 Investor Visas for Foreign Attorneys

If you intent to live in the United States, whether as an immigrant or non-immigrant, you can use variety of visas ranging from E2 investor visas to EB2 visas and national interest waiver to H1B working visas to EB5 based green card based on your investment or EB1 based green card based on your abilities.

Our institute has previously successfully assisted foreign attorney, who passed the bar exam in United States with E2 investor visas. E2 visas are in short business visas, based on bilateral investment treaties between United States and foreign countries, which allow foreign nationals to live in the United States as long as they run an E2 business enterprise (yes it also includes law firms).

Investor visas are a non-immigrant visas (even though you can bridge from E2 visas to EB5 green card visas if certain conditions are met), which will allow yourself, your spouse and children up to 21 years of age to legally live and work in the United States (spouse can work but children can only study in the USA).

The major advantage for E2 visas for foreign attorneys is that there is no need for sponsoring employer (besides of your own firm which sponsors you). This visa can be renewed indefinitely (as long as you keep running your law firm as active and operating business enterprise). E2 visa, unlike H1B visa, can be approved by the U.S. Embassy in as little as one month. Just make sure, that your country of citizenship has a bilateral investment treaty with the United States (all EU member states but Hungary have it).

Please keep in mind that your child born in the United States is a U.S. citizen, who can sponsor you for permanent residency upon 21 years of age. You can also at any moment sell your E2 company shall you decide not to live further in the United States.

EB5 Visas

EB5 visas are good option for foreign attorneys if they decide to immigrate to United States and they have sufficient funds to do so. The minimum investment for the EB5 investor is $ 1,8 mil. Or $ 0,9 mil. in certain areas of the United States. Unlike the E2 investor visas, EB5 visas are very expensive, they take excessive time to be approved however upon their approval they lead to grant of permanent residency (and after 5 years to U.S. Citizenship if certain conditions are met) in the United States. Our institute has previously assisted a foreign attorney with EB5 visas.

H1B Visas

These working visas are in short hard to get, they take long time to be approved. You need to have a U.S. based employer to petition for you. They may lead to green card if certain conditions are met. In short your employer must show that you are getting paid ‘prevailing wage’ and that no other worker in the United States is willing or able to perform position offered to you.

EB2 visas for Foreign Attorneys

EB2 visas with National Interest Waiver are good option for attorneys who are in the top of their field and they prove, that granting of visas will benefit U.S. economy.

EB1 visas for Foreign Attorneys

EB1 visas are good option for lawyers who are persons of extraordinary ability in legal field and that is documented by being awarded major national or international prices or awards, by being internationally recognized, by earning high salary in the field, by being an adjudicator of the work of others in the legal field or by being ‘famous’ in the international sense. Granting of EB1 visas leads directly to permanent residency in the United States.

How soon can I sit for the American bar exam?

The bar exam in the United States is administered twice a year in February and July each year. Our team of legal professionals will evaluate your eligibility to sit for the bar exam in the United States. Shall you qualify, a detailed 10-month distance program will allow you to get prepared for the bar exam from the comfort of your home.