Top Law Schools

Hi Guys,

I have a Canadian citizenship and accepted an offer for 2019-2020 clerkship at one of the state supreme courts.
Moreover, I am currently not in the U.S. and working in the office in Asia.

Although my clerkship starts September next year, I have looked into this whole TN Visa under NAFTA to make sure that I can work in the U.S. next year.
Since I have graduated from the law school in 2016 and member of one of the state bars, I have clearly satisied the "credential requirement" of the TN Visa.

However, one other requirement--the "duties requirement"--of the TN Visa is giving me a headache. There are 62 types of "professional jobs" that may apply for the TN Visa under NAFTA.

One of them is the "Lawyer" category. According to Occupational Outlook Handbook, lawyers "advise and represent individuals, businesses, and government agencies on legal issues and disputes."
And the job description of a judicial law clerk doesn't seem to fit that definition.

Do you guys think that USCIS will not deem a judicial law clerk as falling under the "Lawyer" category?

Further, do you guys know of any colleague or friend who worked as a law clerk with TN Visa?

Thank you in advance for your help!!

I’m on a TN and have many friends on a TN but I don’t know anyone who clerked under one.

That said I would be surprised if there were any issues. The process of actually getting it is very quick and will come down to a guy at a booth looking at an offer letter deciding whether your job is law related or not. I think an offer letter from a judge is likely to scream “yes,” despite your concern about not falling under the “represent ...” language.

I would make sure you fly in through Pearson (even it if makes for a sort of weird trip itinerary) because the preclearance border folks there deal with TNs all the time and are less likely to get hung up on these things.

I PM'd you the letter I used this summer for my SSC clerkship. But I would just emphasize that while I agree with NoLongerALurker that it's better to do a preclearence center (there are also ones at Vancouver and Montreal, not just Pearson), there are a few locations listed on the CBS site that they say are well handled for TN, some of which are in the US.

Also, make sure the letter is on letterhead, actually signed, and original (not copy etc.).

Hello!

I hope you were successful with the TNs! Can someone please PM me the TN letter used for Clerkship under the Lawyer category? Would greatly appreciate...

^^ Thank you so much, @Auxilio!! For some reason I cannot PM you back, but thank you!! This is so helpful.

alexam90 wrote:^^ Thank you so much, @Auxilio!! For some reason I cannot PM you back, but thank you!! This is so helpful.

No problem, enjoy your clerkship! I think you need a certain amount of posts before you can PM people.

@Auxilio is there any way you could send me this letter too? In a similar position!

@Auxillo Is there a way I could contact you regarding this issue as well?

Auxilio wrote: ↑

Wed May 15, 2019 3:42 pm

alexam90 wrote:^^ Thank you so much, @Auxilio!! For some reason I cannot PM you back, but thank you!! This is so helpful.

No problem, enjoy your clerkship! I think you need a certain amount of posts before you can PM people.

Would it be possible to contact you regarding this issue as well? My clerkship is around the corner and I am feeling pretty anxious about this. My email is [redacted]

samhull wrote: ↑

Mon Feb 22, 2021 12:36 pm

@Auxilio is there any way you could send me this letter too? In a similar position!

Hi, I'm in a similar situation and was wondering how things went! Would it be possible to contact you?