Barriers to Foreign Professionals Working in the United States

by Eric Freeman

September 15, 2003

The following is a partial list of restrictions on employment of foreign professionals in the United States.

General Restrictions

1. Citizenship requirements for employment in the federal government: Executive Order 11935.
On September 2, 1976, President Ford signed Executive Order 11935. Under this order, generally only U.S. citizens and nationals can be employed in the competitive civil service, and a non-citizen can only be hired if there are no qualified citizens. Note that even a legal permanent resident (green card holder) is included under the category "non-citizen".

2. Citizenship requirements for employment in the federal government: Annual Appropriations Acts.
In the federal government in general, non-citizens can be employed "only under rare and unusual circumstances" and "the approval process may take up to 12 months." In addition to the restrictions due to Executive Order 11935, each Appropriations Act since 1939 (at least as of 2001) stipulates that the authorized funds cannot be
used to employ non-citizens in the continental United States. There are, however, exceptions for citizens of many countries, for example NATO countries, and for refugees from certain countries.

3. Employment eligibility.
One restriction which prevents foreign professionals from working in the United States is the need to obtain authorization to work in the country. A foreign candidate for employment would need either an immigrant visa or a nonimmigrant visa which allowed him or her to work in the country. Obtaining an immigrant visa (commonly referred to as a green card) is synonymous with becoming a legal permanent resident (LPR). An immigrant visa can be obtained in connection with an employment opportunity in the U.S., and also if a family member is a citizen or LPR. (There are also some spots available in a visa lottery and for refugees.)

4. The prevailing wage requirement.
Immigration laws are specifically designed so that wages of American workers will not be lowered by foreign workers. According to the Department of Labor (DOL):
"The prevailing wage rate is defined as the average wage paid to similarly employed workers in the requested occupation in the area of intended employment. The Immigration and Nationality Act (INA) requires that the hiring of a foreign worker will not adversely affect the wages and working conditions of U.S. workers working in the occupation in the area of intended employment. One of the major ways of ensuring this is by the regulatory requirement that the wages offered on labor certification applications must be the prevailing wage rate for the occupational classification in the area of employment. The requirement to pay prevailing wages, as a minimum, is true of virtually all employment based visa programs - permanent and temporary."

5.a. The H-1B visa.
This is a common visa under which many foreign professionals can work in the U.S. for two three-year periods; employers petition on behalf of the foreign worker for a visa for the worker, for each three-year period.

5.b. Fee for the H1-B visa.
Employers petition the Bureau of Citizenship and Immigration Services (BCIS) for an H-1B on behalf of a foreign national to whom they have offered employment. A fee of $1000 is required to be paid by the employer when filing a petition, for all petitions filed on or after December 18, 2000 and before October 1, 2003. Of these fees,
only 8% is used for processing the visa petitions. 55% is used for job training, 22% for low-income scholarships in math, engineering or computer science, and 15% is used for programs for math, science and technology
education. Note that this fee does not apply to institutions of primary or secondary education or institutions of higher education, or to certain other nonprofit agencies.

5.c. Payment for costs of a return trip.
If an employer hires a foreign worker on an H-1B visa, and dismisses the worker before the three year
term is finished, the employer is liable for "the reasonable costs of return transportation" for the worker.

5.d. The wage requirement.
An employer who hires a worker on an H1-B visa faces a more stringent wage requirement than the general requirement. According to the DOL, "the employer is required to pay the prevailing wage or the actual wage paid by the firm to workers with similar skills and qualifications, whichever is higher."

5.e. The time to obtain an H-1B visa.
As of November 21, 2000, the INS (the Immigration and Naturalization Service, now the BCIS) stated that its current processing goals were 60 days for H-1B petitions.

5.f. Obligations for H-1B dependent employers.
For certain employers who employ a large proportion of H-1B workers, additional duties are required.
These include "additional obligations to recruit U.S. worker, to offer positions to U.S. workers who are equally or better qualified than the H-1B nonimmigrant, and to avoid the displacement of U.S. workers," according to the DOL.

5.g. The annual cap.
The number of workers who may obtain H-1B visas has a cap in the U.S. This cap was set at 65,000 in fiscal years before fiscal year 1999, 115,000 in fiscal years 1999 and 2000, 195,000 in fiscal years 2001,2002,2003, and 65,000 in the following fiscal years. Note that this cap does not apply in certain cases, for example, to employees of institutes of primary, secondary, and higher education, and to most foreign nationals whose H-1B visa was extended for three more years after the initial three-year period. Note also that in fiscal year 2002, only 79,100 individuals were subject to the cap. This is a significant drop from the 163,200 individuals for fiscal year 2001.

5.h. In personal electronic communication, some state government employers expressed that while there may not be a policy in their state agency against sponsoring employees for an H-1B visa, they were deterred from doing so because of the paperwork and time involved, the fee, and the return payment obligation.

6. Immigrant visas.
Obtaining an employment-based immigrant visa requires permanent labor certification, which involves an employer's placing advertisements or demonstrating evidence of recruiting attempts; the petitioning employer must also demonstrate to the Employment and Training Administration of the Department of Labor (DOL) that no qualified U.S. candidates have applied. The employer must also pay a prevailing wage. According to the DOL, obtaining a permanent labor certification "can sometimes take up to several years."

7. There is also a class of visas for professionals known as TN visas, governed under the North American Free Trade Agreement (NAFTA). Note however that only citizens of Mexico and Canada are eligible, and that physicians, other than research or teaching physicians, are not on the list of professions included.

Restrictions on Selected Professions.

Accountants.

1. The State of Alabama requires that an applicant for a license as a Certified Public Accountant (CPA) be a U.S. citizen, or that the applicant has declared intent to become a citizen.

2. 11 states and the District of Columbia required residency to obtain a CPA license, in 2002.17

Dentists.

1. Educational Requirements for Licensure.
Dentists must satisfy educational requirements to be licensed. Many states require graduation
from accredited or approved dental schools. Here accredited or approved refers to accreditation or approval by the Commission on Dental Accreditation (CDA) of the American Dental Association (ADA). Note that many Canadian dental schools are approved, through the Canadian Dental Association. The term international dentist generally refers to a dentist who has graduated from a dental school other than in the United States or Canada. 29 states require graduation from an accredited or approved school for licensure. [Note that Minnesota has an allowance for a determination of educational equivalency.] 18 other states and the District of Columbia require additional training in a CDA-accredited program for licensure. Note however that roughly half of the accredited schools in the U.S. have provisions for foreign dental graduates to apply to transfer in with advanced standing. Note also that 42 states and DC will license a dentist after they have been licensed in another state and have practiced for a certain period.

2. Preclinical Requirements.
There is often an additional "bench test" that a few states require, which, according to the ADA, "typically applies only to international dentists."

3. Limited financial aid for foreign students.
In dental schools in the U.S., according to the ADA, "in general, funds are rarely available in the United States for citizens of other countries".

Lawyers.

1. Graduates of non-ABA-approved law schools.
In order to be admitted to the bar to practice law, many states require that an applicant has graduated from a law school approved by the American Bar Association (ABA). These schools are all in the U.S. or Puerto Rico. In fact, in 15 states, graduates of foreign law schools are not eligible for admission to the bar. (Note however that in four of these states, the rules are "ambiguous", according to an article authored by Northwestern University School of Law Senior Lecturer Carole Silver.) In many of the remaining states, in which foreign law school graduates are eligible for admission to the bar, there are further restrictions. For example, 9 of these remaining states and the District of Columbia require further education at a U.S. law school before sitting for the bar examination. Eight states require that a foreign graduate have experience in his/her home country before sitting for the bar examination. Note that, in some of the above states, it is possible for a foreign candidate to take the bar exam or gain admission, based on admission to the bar in another state.

2. Restriction to citizens and legal permanent residents.
In Louisiana, only citizens and legal permanent resident aliens (green card holders) are eligible to take the state bar exam. So, for example, a foreign national with only a temporary visa is not eligible for the bar. This state law was upheld by a U.S. District judge on July 2, 2003.

3. Residence requirement.
To apply for admission to the bar in Michigan, one must be a U.S. citizen or "a foreign citizen lawfully resident in the U.S. pursuant to a visa issued by" BCIS. This allows for those on temporary visas to obtain admission to the bar, but means that a foreign national (without an unrestricted visa) cannot gain full admission to the bar in advance of a job offer in the U.S.

4. Number of foreign-trained lawyers taking the bar exam.
In the years 1993-1998, foreign-trained lawyers sat for the bar exam in only 21 states, Guam and Puerto Rico. More than 91% of those foreign-trained lawyers taking the bar exam in those years did so in New York state, where a foreign-trained lawyer from a common law country, whose education is judged equivalent to that of an ABA-approved law school, can sit for the bar exam. Note for example that in total for the years 1993-1998, only 8 foreign-trained lawyers sat for the bar exam in California. Note also for example that, according to Pamela Hollenhorst, "Pennsylvania reports receiving many inquiries from foreign-trained attorneys about exam eligibility, although only five or six per year meet the requirements to sit for the bar."

5. Foreign legal consultants (FLC's).
This is a title existing in 24 U.S. jurisdictions (e.g. a state, D.C., Puerto Rico, Guam). It allows a foreign lawyer to advise in the U.S. on the law of his/her country, if the lawyer is admitted to practice in their home country; in some states it also allows a foreign lawyer to advise on U.S. law, with the advice of a U.S. lawyer. As of 1999, no jurisdiction other than New York had more than 27 FLCs. New York had 277. And note that "some bar admission administrators commented that there never really was a demand for foreign legal consultants, and that FLC rules were often passed at the behest of state attorneys who wanted access to foreign legal markets and needed to show proof of reciprocal access."

6. According to Silver, "the rules governing the rights of foreign lawyers to practice in the U.S. are so varied, complex and opaque as to present a sticky web of barriers." Silver also comments on "the clear protectionist purpose of many bar rules."

Physicians.

1. IMGs.
There are many restrictions placed on physicians who have graduated from medical schools outside of the U.S. or Canada. These physicians are called International Medical Graduates (IMGs). According to the American Medical Association (AMA), some states "place artificial barriers in the way of licensure or make it more difficult for an IMG to obtain a license."

2. Residency training in U.S. required for licensure.
According to the AMA, "all IMGs must undertake residency training in the United States before they can obtain a license to practice medicine in the United States even if they were fully trained, licensed, and practicing in another country." Note that "a very small number of IMGs may be eligible for special consideration if they are either 'eminent' physicians or are going to serve on the faculty of a medical school or teaching hospital."

3. Limits on number of, and funding for, residency slots.
According to the AMA, "the Balanced Budget Act of 1997 capped residency slots as [sic] December 1996 levels and authorized the first of a series of reductions in the indirect medical education adjustment (IMEA)," which affects funding for resident training from the federal government. Note that "in 1997, the AMA joined AAMC [Association of American Medical Colleges] and four other medical groups in advocating for limiting the number of students entering U.S. residency programs."

4. The Clinical Skills Assessment.
IMGs require certification from the Educational Commission for Foreign Medical Graduates (ECFMG) in order to undergo training at a residency program accredited by the Accreditation Council for Graduate Medical Education (ACGME). (Most residency training takes place in these accredited programs.) In 1998, the ECFMG started to require a Clinical Skills Assessment (CSA) for certification, in addition to other exams already required. According to a 2002 report in the Journal of the American Medical Association, in 1999, 2000 and 2001, the number of certificates issued by the ECFMG was under 6,000 in each year, whereas in 1995 through 1998, the number ranged from 9,000 to more than 12,000 per year. The authors of the report speculate that this decrease could be due to the CSA requirement. They suggest a few possible factors: the requirement of proficiency in speaking English in the test; the fact that the test is only given in Philadelphia causing a lot of expense in some cases; and the examination fee. Note that according to the report, the Liaison Committee for Medical Education (LCME), the accrediting body for U.S. and Canadian medical schools, had instituted a mandate that clinical skills be taught in U.S. and Canadian medical schools. Note also that a test of clinical skills will be required for all US medical school students, and is expected to start in 2004. According to a Washington Post article, the AMA voted to "explore all avenues- including legal action- to block the exam."

5. Visa requirements for foreign IMGs.
An IMG who is a foreign national (and not a legal permanent resident of the U.S.) requires a visa to do a residency in the U.S., generally a J-1 exchange visitor visa or a H-1B visa. The J-1 visa requires in most cases that, after completing the residency, the foreign IMG physically reside in his/her home country for a total of two years before being able to work in the U.S.; there is, however, a waiver program, in which the home residence requirement is waived for up to 30 J-1 visa holders per state in participating states, provided that the physician practice for a period in an "underserved" area. To obtain an H-1B visa, a foreign IMG must have passed Step 3 of the United States Medical Licensing Examination (USMLE), and in most states, according to the Accreditation Council for Graduate Medical Education (ACGME), one must obtain some residency training in the U.S. before being eligible to sit for this portion of the USMLE. 41 Note that for Step 3 of the USMLE, the USMLE program itself recommends that licensing boards should require completion or "near completion" of the first year of residency training.

6. The Fifth Pathway program.
In some foreign medical schools, e.g. some in Mexico and the Caribbean, obtaining the equivalent of an M.D. can take five or six years. In some cases, this consists of 4 years of instruction followed by a one year internship and/or one year of social service in the country. In 44 states and the District of Columbia, the Fifth Pathway program allows certain IMGs, who went to an accredited college in the U.S. and undertook premedical studies, to replace the last year or two years with one year at a special program in the U.S.; after doing this, they are eligible for residency training, without needing to complete the equivalent of the M.D. The Fifth Pathway program does not explicitly require the participant to be an American. However, note that according to the AMA, the program was established "to assist Americans wishing to return to the U.S. after attending a foreign medical school." Note also, for example, that the longest continuously running Fifth Pathway program in the U.S., at New York Medical College, requires its participants to be U.S. citizens or legal permanent residents of the U.S.

Restrictions by State.

Alabama

An applicant for a CPA license must be a U.S. citizen, or must have declared intent to become a citizen.

Foreign dental school graduates must undergo training in an ADA accredited program for a license. (In this section of the appendix, we assume that a dental school graduate is not already licensed in another state. As remarked above, there are provisions for licensure in this case.

To sit for the bar exam (which they must do in most states to be admitted to the bar), foreign-trained lawyers (those who do not have a J.D. degree from an ABA-approved school) must have an education equivalent to that of a U.S. legal education and have practice experience in their home country. Their country must also give some reciprocal rights to graduates of three particular unaccredited Alabama law schools.

Alaska

Most jobs in the state government are open to Alaska residents only, and are opened to non-residents only if a resident cannot be found.

Graduation from an accredited or approved dental school is required for licensure.47

To sit for the bar exam, foreign-trained lawyers must have an education equivalent to that of a U.S. legal education and must obtain additional education at a U.S. law school (generally, this might be a graduate degree, for example). Law in their home country must be based on common law. 48

Arizona

Foreign dental school graduates must undergo training in an ADA accredited program for a license. 47

To sit for the bar exam, foreign-trained lawyers must have been admitted to the bar and have practice experience in another U.S. jurisdiction. 48

Arkansas

An applicant for a CPA license must be a state resident.

Graduation from an accredited or approved dental school is required for licensure. 47

Foreign-trained lawyers cannot obtain a license for practice in the state, although the rules are ambiguous. 48

California

Currently, the Department of Mental Health does not sponsor applicants for a nonimmigrant visa (e.g. an H-1B visa) or an immigrant visa (i.e. a green card).

California currently requires foreign dental graduates to pass a preclinical exam. Starting in 2004, California will require instead that foreign graduates have completed two years of addition training or have graduated from a school approved by the Dental Board of California. As of 2002, there is only one approved foreign school, in Mexico.

To sit for the bar, foreign-trained lawyers must satisfy an educational equivalency requirement (this generally means they must demonstrate that their education is equivalent to that at a U.S. school, or it must satisfy some other criteria) or have been admitted and practiced in another U.S. jurisdiction. 48

Colorado

To apply for most state government classified jobs, a candidate must be a state resident.

Graduation from an accredited or approved dental school is required for licensure. 47

Foreign-trained lawyers must have practice experience in a common law country, and must sit for the bar exam. 48

Connecticut

Graduation from an accredited or approved dental school is required for licensure. 47

To sit for the bar exam, foreign-trained lawyers must be trained in a common law country, and must have additional education from an ABA-approved school; however, there are provisions to waive into the bar from another U.S. jurisdiction without taking the bar exam. 48

Delaware

Graduation from an accredited or approved dental school is required for licensure. 47

A general residency or 3 years of practice in another state is required for a dental license. 47

Foreign-trained lawyers cannot obtain a license to practice in the state. 48

District of Columbia

For district employment in the Career Service, there is a hiring preference for DC residents.

An applicant for a CPA license must be a DC resident. 50

Foreign dental school graduates must undergo training in an ADA accredited program for a license. 47

Passing a preclinical test is required for licensure for foreign dental school graduates. 47

To sit for the bar exam, foreign-trained lawyers must have additional education from an ABA-approved school; however, there are provisions to waive into the bar from another U.S. jurisdiction without taking the bar exam. 48

Florida

The Attorney General's office generally does not sponsor candidates because of the cost of doing so and the limited period of employment.

Foreign dental school graduates must undergo training in an ADA accredited program for a license. 47

To sit for the bar exam, foreign-trained lawyers must have been admitted to the bar and have practice experience in another U.S. jurisdiction. 48

Georgia

Foreign dental school graduates must undergo training in an ADA accredited program for a license. 47

Foreign-trained lawyers cannot obtain a license to practice in the state. 48

Hawaii

For many jobs in the civil service, a candidate must be a U.S. citizen or national, a legal permanent resident, or "eligible under federal law for unrestricted employment in the United States at the time of application." The candidate must also be a state resident or former resident when they apply. These rules apply specifically to "competitive recruitments open to the general public."

Foreign dental school graduates must take a preclinical test. If a graduate does not pass on the first attempt, he or she must graduate from an accredited or approved dental school. 47

To sit for the bar, foreign-trained lawyers must have experience practicing law in a common law country, or have been admitted in and practiced in another U.S. jurisdiction. 48

Idaho

Individual agencies in the state government have sponsored candidates for visas, but it is very rare.

Graduation from an accredited or approved dental school is required for licensure. 47

Foreign-trained lawyers cannot obtain a license to practice in the state. 48

Illinois

In the state government's merit employment system, there is a preference for hiring residents over non-residents "when qualifications are substantially equal."

Foreign dental school graduates must undergo training in an ADA accredited program for a license. 47

To sit for the bar, foreign-trained lawyers must satisfy an educational equivalence requirement, and must have practice experience in their home country. 48

Indiana

For state jobs filled by the State Personnel Department, there is no preference against sponsoring candidates for an H-1B visa, but it happens infrequently.

Graduation from an accredited or approved dental school is required for licensure. 47

Foreign-trained lawyers must have been admitted in another U.S. jurisdiction. 48

Iowa

An applicant for a CPA license must be a state resident. 50

Graduation from an accredited or approved dental school is required for licensure. 47

Foreign-trained lawyers cannot obtain a license to practice in the state. 48

Kansas

An applicant for a CPA license must be a state resident. 50

Graduation from an accredited or approved dental school is required for licensure. 47

Foreign-trained lawyers cannot obtain a license to practice in the state. 48

Kentucky

Graduation from an accredited or approved dental school is required for licensure. 47

To sit for the bar, foreign-trained lawyers must satisfy an educational equivalence requirement, and must have practice experience in their home country; however, there are provisions to waive into the bar from another U.S. jurisdiction without taking the bar exam. 48

Louisiana

An applicant for a CPA license must be a state resident. 50

Foreign dental school graduates must undergo training in an ADA accredited program for a license. 47

Only citizens and legal permanent resident aliens are eligible to take the state bar exam.

To sit for the bar, foreign-trained lawyers must satisfy an educational equivalence requirement or must have additional education from an ABA-approved law school. 48

Maine

Foreign dental school graduates must undergo training in an ADA accredited program for a license. 47

To sit for the bar, foreign-trained lawyers must satisfy an educational equivalence requirement. 48

Maryland

In view of the length and cost, state government agencies would sponsor an applicant for an H1-B visa only in rare situations.

Graduation from an accredited or approved dental school is required for licensure. 47

To sit for the bar exam, foreign-trained lawyers must have been admitted to the bar and have practice experience in another U.S. jurisdiction. 48

Massachusetts

Graduation from an accredited or approved dental school is required for licensure. 47

Michigan

Foreign dental school graduates must undergo training in an ADA accredited program for a license. 47

To apply for admission to the bar in Michigan, one must be a U.S. citizen or "a foreign citizen lawfully resident in the U.S. pursuant to a visa issued by" BCIS. This allows for those on temporary visas to obtain admission to the bar, but means that a foreign national (without an unrestricted visa) could not gain full admission in advance of a job offer in the U.S.

To sit for the bar, foreign-trained lawyers must have additional education from an ABA-approved law school; however, there are provisions to waive into the bar from another U.S. jurisdiction without taking the bar exam. 48

Minnesota

An applicant for a CPA license must be a state resident. 50

A determination of equivalency of education to that from an accredited school, or graduation from an accredited or approved dental school, is required for licensure. 47

Foreign-trained lawyers cannot obtain a license to practice in the state. 48

Mississippi

An applicant for a CPA license must be a state resident. 50

Foreign dental school graduates must undergo training in an ADA accredited program for a license. 47

Foreign-trained lawyers cannot obtain a license for practice in the state, although the rules are ambiguous. 48

Missouri

The Department of Mental Health has had limited success recruiting from other countries, in part because of the amount of paperwork required.

An applicant for a CPA license must be a state resident. 50

Graduation from an accredited or approved dental school is required for licensure. 47

To sit for the bar exam, foreign-trained lawyers must have been admitted to the bar and have practice experience in another U.S. jurisdiction. 48

Montana

Graduation from an accredited or approved dental school is required for licensure. 47

Foreign-trained lawyers cannot obtain a license to practice in the state. 48

Nebraska

An applicant for a CPA license must be a state resident. 50

Graduation from an accredited or approved dental school is required for licensure. 47

Foreign-trained lawyers cannot obtain a license to practice in the state. 48

Nevada

Graduation from an accredited or approved dental school is required for licensure. 47

To sit for the bar, foreign-trained lawyers must satisfy an educational equivalence requirement; alternatively, they must be admitted in a common law country where English is the language of the courts, and they must have 10 years of experience, and then must show that their experience is equivalent to a U.S. legal education. 48

New Hampshire

Graduation from an accredited or approved dental school is required for licensure.47

To sit for the bar, foreign-trained lawyers must satisfy an educational equivalence requirement and must have been trained in a common law country; they must also satisfy additional requirements.48

New Jersey

Graduation from an accredited or approved dental school is required for licensure.47

Foreign-trained lawyers cannot obtain a license to practice in the state.48

New Mexico

Graduation from an accredited or approved dental school is required for licensure.47

To sit for the bar exam, foreign-trained lawyers must have been admitted to the bar and have practice experience in another U.S. jurisdiction.48

New York

Foreign dental school graduates must undergo training in an ADA accredited program for a license.47

To sit for the bar, foreign-trained lawyers must satisfy an educational equivalence requirement and must also either have been trained in a common law country or have had additional education from an ABA-approved school.48

North Carolina

Graduation from an accredited or approved dental school is required for licensure.47

To sit for the bar, foreign-trained lawyers must have additional education from an ABA-approved school; however, there are provisions to waive into the bar from another U.S. jurisdiction without taking the bar exam.48

North Dakota

Graduation from an accredited or approved dental school is required for licensure.47

Foreign-trained lawyers cannot obtain a license to practice in the state.48

Ohio

An applicant for a CPA license must be a state resident.50

Foreign dental school graduates must undergo training in an ADA accredited program for a license.47

To sit for the bar, foreign-trained lawyers must satisfy an educational equivalency requirement; however, there are provisions to waive into the bar from another U.S. jurisdiction without taking the bar exam.48

Oklahoma

An applicant for a CPA license must be a state resident.50

Graduation from an accredited or approved dental school is required for licensure.47

Foreign-trained lawyers cannot obtain a license to practice in the state, unless they have a graduate degree from an ABA-approved law school, have been admitted in another U.S. jurisdiction, and have practiced for five of
the preceding seven years.48

Oregon

The State does not sponsor foreign nationals for state employment, for those state jobs filled by the Department of Administrative Services of the Human Resource Services Division (DAS HRSD), according to DAS HRSD. (Note:
this does not include state universities.)

Foreign dental school graduates must undergo training in an ADA accredited program for a license.47

To sit for the bar, foreign-trained lawyers must satisfy an educational equivalency requirement, and must have been trained in a common law country.48

Pennsylvania

For most jobs in the state government civil service, a candidate must be a state resident at the time of applying.

The Department of Public Welfare, which includes mental health services, does not sponsor foreign candidates to come to the U.S. on a visa.

Graduation from an accredited or approved dental school is required for licensure. 47

To sit for the bar, foreign-trained lawyers must have practice experience in their home country, and must have additional education from a U.S. law school.48

Rhode Island

An applicant for a CPA license must be a state resident.50

Graduation from an accredited or approved dental school is required for licensure. 47

To sit for the bar, foreign-trained lawyers must satisfy an educational equivalency requirement; however, there are provisions to waive into the bar from another U.S. jurisdiction without taking the bar exam. 48

South Carolina

Graduation from an accredited or approved dental school is required for licensure. 47

Foreign-trained lawyers cannot obtain a license to practice in the state. 48

South Dakota

Foreign dental school graduates must undergo training in an ADA accredited program for a license. 47

Foreign-trained lawyers cannot obtain a license for practice in the state, although the rules are ambiguous. 48

Tennessee

Graduation from an accredited or approved dental school is required for licensure. 47

To sit for the bar, foreign-trained lawyers must satisfy an educational equivalency requirement. 48

Texas

Foreign dental school graduates must undergo training in an ADA accredited program for a license. 47

To sit for the bar, foreign-trained lawyers must satisfy an educational equivalence requirement, and must have practice experience in their home country. 48

Utah

The State does not sponsor foreign nationals for visas for employment with a state agency. (Note that this does not apply to the University of Utah.)

Foreign dental school graduates must undergo training in an ADA accredited program for a license. 47

To sit for the bar exam, foreign-trained lawyers must be trained in a common law country, and must have additional education from an ABA-approved school. 48

Vermont

The State has a preference against sponsoring a candidate for an H-1B visa, due to the fee and the work involved.

Foreign dental school graduates must undergo training in an ADA accredited program for a license. 47

To sit for the bar exam, foreign-trained lawyers must be trained in a common law country, and must have additional education from a U.S. lawyer; however, there are provisions to waive into the bar from another U.S. jurisdiction without taking the bar exam. 48

Virginia

Graduation from an accredited or approved dental school is required for licensure. 47

To sit for the bar exam, foreign-trained lawyers must satisfy an educational equivalence requirement, and must have additional education from an ABA-approved school. 48

Washington

Foreign dental school graduates must undergo training in an ADA accredited program for a license. 47

To sit for the bar, foreign-trained lawyers must have experience practicing law in a common law country; however, there are provisions to waive into the bar from another U.S. jurisdiction without taking the bar exam. 48

West Virginia

Graduation from an accredited or approved dental school is required for licensure. 47

To sit for the bar exam, foreign-trained lawyers must satisfy an educational equivalence requirement, and must have additional education from an ABA-approved school, and must have been trained in a common law country; however, there are provisions to waive into the bar from another U.S. jurisdiction without taking the bar exam. 48

Wisconsin

For some temporary positions in the state civil service system, an applicant who is not a U.S. citizen or national is required to be a Wisconsin resident.

Foreign dental school graduates must undergo training in an ADA accredited program for a license. 47

Passing a preclinical test is required for licensure for foreign dental school graduates. 47

Foreign-trained lawyers must have been admitted in another U.S. jurisdiction. 48

Wyoming

State agencies cannot petition for a visa on behalf of a temporary alien except with written permission from the Governor or an "authorized representative of the Governor." Note that there is an exception for the University of Wyoming, agency heads, and a few other specific job titles.

Graduation from an accredited or approved dental school is required for licensure. 47

Foreign-trained lawyers cannot obtain a license for practice in the state, although the rules are ambiguous. 48

Some State Restrictions on Licensing of Foreign Professionals.

(See the appendix for full details and references.)

The letter codes represent some of the restrictions given in the appendix, regarding licensing for foreign professionals. (In some cases, foreign refers to the citizenship, and in other cases the place of training.) The table is not a precise guide: please see the appendix for details. The letter codes follow:

R: Residency requirement for licensure for accountants.
C: Citizenship requirement, or declaration of intent to become a citizen, for accountants.
G: Graduation from an approved dental school required.
T: Additional training in a ADA-approved program required for dentists.
P: Preclinical test required for dentists.
F: Foreign-trained lawyers not admitted to bar, even if admitted in another jurisdiction.
A: Additional education required for lawyers, if not admitted in another jurisdiction.
E: Home country experience required for lawyers, if not admitted in another jurisdiction.
L: Citizenship or legal permanent residence required to take the bar exam.                  
J: Foreign-trained lawyers must have been admitted to bar in another U.S. jurisdiction.
V: Limits on sponsorship for employment visas for state government jobs.
S: Some residency requirements or preferences for state government jobs.