Lori Meadows
International students face several challenges when pursuing clerkships in the United States, particularly in the public interest sector. While it is possible for international J.D. students to obtain clerkships, they often encounter structural constraints and additional hurdles compared to their U.S. citizen counterparts. Non-citizen status can be a significant obstacle, as many federal clerkships and government offices require U.S. citizenship. However, state and municipal clerkships may be more accessible, as certain states, like Pennsylvania, have a shortage of judicial law clerks. International J.D. students must also navigate work authorization processes and compete with candidates who have more extensive instruction in American law. Overall, the path to a clerkship for international J.D. students is challenging but not impossible, requiring strategic job searches, proactive networking, and a comprehensive understanding of the legal landscape.
| Characteristics | Values |
|---|---|
| Difficulty | International students face more challenges than their US citizen classmates when pursuing public interest work. It is generally difficult for international students to obtain a clerkship in the US without citizenship. |
| Citizenship requirement | Many federal clerkships require US citizenship. However, state and municipal clerkships may be an option, as some states, like Pennsylvania, have a shortage of judicial law clerks. |
| Work authorization | The work authorization process differs for continuing and graduating international students. The Harvard International Office (HIO) is a resource for summer and postgraduate employment authorization. |
| Summer internships | Most public interest employers are open to hiring non-citizen summer interns, except for federal government agencies. |
| Post-graduation employment | Postgraduate public service employment in the US can be challenging for non-citizens due to visa sponsorship issues and the temporary nature of the OPT year. |
| Knowledge of American law | International students without a JD may not have sufficient knowledge of American law to succeed in a clerkship. |
| School support | Law schools may not promote clerkships as a viable option for international students and may prioritize JDs for federal clerkships. |
| Timing | Some clerkships have long lead times for recruiting, which can be challenging for international students in a 1-year program. |
| Requirements | Writing samples are typically required for clerkship applications, and international students may need to address their education and visa status. |
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International LLM students can get judicial clerkships in the USA
There are some clerkships that are more attainable for international LLM students than others. Many federal clerkships require US citizenship, but state and municipal clerkships do not always have this requirement. Pennsylvania, for example, has a shortage of judicial law clerks. However, international LLM students will have to compete with JD students for these positions, as law schools do not promote clerkships as a viable option for LLMs. Additionally, some clerkships have a long lead time for recruiting, which can be problematic for students in a 1-year LLM program.
International LLM students will have to jump through more hurdles than JD students to get a judicial clerkship in the USA. However, it is not impossible, and there are some things that students can do to increase their chances. For example, students can select JD in the drop-down menus on applications and later explain that their LLB + LLM is substantially equivalent to a JD. Additionally, students can try to make connections in their home country that could help them get a clerkship.
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Federal clerkships often require US citizenship
International J.D. students at Harvard Law School face several structural constraints that their US citizen classmates do not. One of the main exceptions to most public interest employers being open to hiring non-citizens is the US federal government, which rarely hires non-citizens, even for summer internships.
While it is possible for non-citizens to clerk for federal judges in certain US territories, state-court clerkships are generally a more viable option. State court judges do not typically require their clerks to be US citizens, although visa issues may still arise.
Additionally, some state courts, such as those in Massachusetts, Hawaii, Tennessee, and Nebraska, require US citizenship for clerkships. It is crucial for international J.D. students to be aware of these citizenship requirements and visa considerations when exploring clerkship opportunities in the United States.
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State and municipal clerkships are an option
While it is possible for international students to secure clerkships in the US, it is generally very difficult. US citizenship is often a requirement for federal clerkships, and even where it is not, there is a great deal of competition from US citizens with more knowledge of American law.
However, state and municipal clerkships are an option for international students. While some state clerkships do require US citizenship, others do not. For example, one source mentions that New Jersey clerkships do not require citizenship. State court clerkships are open to JD students that are non-US citizens.
There are a vast number of clerkships available on the state level, and as the size and structure of state court systems vary, so too do the type and availability of state court clerkships. Some state court clerkships are one-year positions (e.g., the New Jersey Supreme Court), while some are two-year positions (e.g., the New York Court of Appeals Central Staff clerkships). Many state courts hire clerks as permanent staff rather than hiring new term clerks annually.
International students on an F-1 visa need to arrange the clerkship in conjunction with their OPT (Optional Practical Training). This is temporary employment directly related to an F-1 student's major area of study. It can be quite difficult to find a clerkship whose timings coincide with one's OPT.
Additionally, international students should be aware that most public interest employers do not sponsor employment visas. Non-citizen students can generally only count on being authorized to work through the OPT year, and employers may be reluctant to hire someone who can only remain with them for one year. However, non-citizen students are not statutorily barred from working in state government, and public interest employers are often open to hiring non-citizen summer interns.
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It can be difficult to find a clerkship that coincides with your OPT
International students pursuing a J.D. degree face several challenges when seeking clerkship opportunities. One significant obstacle is the timing of their Optional Practical Training (OPT) year and finding a clerkship that coincides with it. The OPT year provides work authorization for international students, but aligning it with the hiring timeline for clerkships can be tricky.
Clerkships have varying application and hiring timelines, and it can be challenging to predict when a position will become available. Judges often receive numerous applications, and the application process can be highly competitive. International students must carefully navigate the timing of their OPT year to ensure it aligns with their desired clerkship opportunity. This challenge is exacerbated by the limited availability of prestigious federal clerkships, making it crucial for students to cast a wide net and consider less competitive state clerkships or clerkships outside the U.S.
The hiring processes for clerkships can vary, and some judges may not have designated hiring staff. This means that applications could go unnoticed, and having connections or recommendations from someone the judge knows or respects can significantly influence the success of an application. International students may be at a disadvantage in this aspect, especially if they are new to the country and have not yet established a strong professional network.
Additionally, international students must be mindful of the duration of their OPT authorization. Some clerkships may require a commitment beyond the authorized OPT period, creating a potential visa issue. While there may be ways around this, it could negatively impact the student's application. Proper planning and strategizing are crucial for international students to optimize their chances of securing a clerkship that aligns with their OPT year.
To increase their chances of success, international students should be proactive and flexible in their job search. They should seek guidance from career services, such as the OPIA advisers, to navigate the unique challenges they face. While finding a clerkship that coincides with the OPT year can be difficult, it is not impossible, and international students can benefit from the valuable experience and skills gained through such opportunities.
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Non-citizens can participate in judicial internships
While it is generally true that judicial clerkships in the US are limited to American citizens, this requirement can be waived. However, it is extremely difficult for international students to secure a judicial clerkship, as they face more structural constraints than their US citizen classmates. Most federal government agencies will not hire non-citizens, even for summer internships. However, non-citizen students are not barred from working in state government.
International students pursuing public interest work should be aware of the challenges they may face due to their citizenship status. They should familiarize themselves with the job search process as a non-citizen and work closely with advisers to strategize their job search. The Harvard International Office (HIO) is a resource for work authorization procedures for both summer and postgraduate employment.
One option for non-citizen students interested in judicial internships is to apply for the Law School Summer Judicial Internships Program offered by the New York State Unified Court System. This program is open to first or second-year law and joint degree, or LL.M students, regardless of citizenship. The program allows interns to work directly with judges and judicial chambers staff to observe and understand the workings of the courts.
Another option is to apply for judicial internships at Catholic Law in Washington, DC. These internships can be full or part-time positions in a particular judge's chambers and can take place during the summer or academic year. Judges in federal and state courts hire judicial interns, who gain research and writing experience and learn about the judicial decision-making process. Judicial internships can lead to recommendations for post-graduate judicial clerkships.
Non-citizen students should also consider taking advantage of guaranteed Summer Public Interest Funding to take up government and nonprofit positions that would otherwise be unpaid. They can also pursue Harvard funding, such as SPIF, for summer internships, or participate in Curricular Practical Training (CPT).
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Frequently asked questions
Yes, international JD students can get clerkships, although it may be difficult. US citizenship is often required for federal clerkships, but state and municipal clerkships are an option for non-citizens.
International JD students can increase their chances of getting a clerkship by being aware of the timing of hiring processes and starting their search early. They should also seek guidance from career services and utilize resources such as the OPIA citizenship guide.
In addition to strong writing skills and legal knowledge, international JD students may need to arrange their clerkship in conjunction with their Optional Practical Training (OPT). They should also be prepared to explain how their educational background is equivalent to a JD.
Yes, international JD students can explore externships, internships, and fellowships as alternatives to clerkships. Public interest employers, such as nonprofits and state government agencies, are often open to hiring non-citizen interns.
