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H1B for a JD degree

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  • H1B for a JD degree

    I have a question about the H1b and couldn't find any related discussions on my issues. If I completed a JD this year and obtained my attorneys license, would it be possible for my relative's company which is not a law firm to hire me? And would I only be eligible for a lawyer title? And which level would the prevailing wage be for me if I were to be retained as a lawyer by my relatives company?

    Appreciate any opinions/advise on this. Thank you.

  • #2
    You have three issues: Is the job a H-1B specialty or professional occupation? What title can you use at work? Can your relatives business employ you?

    The first two questions are pretty straightforward. You have a job and you are a member of your state Bar (or you would be, if you had employment authorization, because you have passed the bar exam), so you would meet both the occupation & education H1-B requirements to work as either an attorney-at-law or as corporate counsel. The title you can use is probably regulated by your state Bar association, and a layperson term like "lawyer" probably won't pass muster.

    As for the third question, USCIS is extremely skeptical of employment arrangements involving relatives. In particular, they will likely find that a bona fide employee-employer relationship does not exist. Obviously, family employees aren't held to the same standard as unrelated employees. USCIS recognizes that, and does not extend immigration benefits to those relationships

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