The FNL must have the equivalent of the degree through US or foreign education, equivalent experience, or a combination of education and experience. The INS has recognized that rendering advice regarding foreign laws can be considered a specialty occupation, and thus can sustain H-1B status for an employee with a relevant foreign law degree. The H-1B allows employment for up to six years. There are certain disadvantages to the H visa, primarily administrative obstacles and documentation requirements. The ownership relationship between the US and foreign firm is critical.
Complications ensue where the firms have no overlapping ownership interest.
Law firms, however, have not been included within the regulatory exemption. The foreign lawyer must be a national of a country with which the United States has a bilateral investment treaty, and the firm must be majority owned by nationals of that country. There is no fixed time limit for E visa status. Foreign lawyers frequently travel to the United States for training in the US legal system through practical experience with a local firm. This training can be accomplished through two principal training categories.