§ Rule 6-15.3 Minimum standards

Codes > Florida Statutes > Rules Regulating > Chapter 6 : 6-15 Standards > Rule 6-15.3

Rule 6-15.3. Minimum standards

    (a) Minimum Period of Practice. The applicant must have been engaged in the practice of law for at least 5 years preceding the date of application.

    (b) Substantial Involvement. The applicant must demonstrate to the immigration and nationality certification committee substantial involvement in the practice of immigration and nationality law during the 3 years immediately preceding the date of application. Substantial involvement means that the applicant has devoted 40 percent or more of the applicant's practice to matters in which issues of immigration and nationality law are significant factors and in which the applicant had substantial and direct participation in those issues. Matters in which issues of immigration and nationality law are significant factors include, but are not limited to:

        (1) the representation of clients before the United States Citizenship and Immigration Services and/or Customs and Border Patrol and/or Immigration and Customs Enforcement through either the preparation of petitions and applications for immigration benefits and discretionary relief or the appearance as counsel at deferred inspections, adjustment of status, and other interviews;

        (2) the representation of clients before the Executive Office for Immigration Review during exclusion, deportation, removal, asylum only, bond proceedings, and appeals;

        (3) the representation of clients before the Department of Labor through the preparation of Labor Certification Applications, Labor Condition Applications, and such other Department of Labor applications, petitions, and processes as are required in the Immigration and Nationality Act as a prerequisite for immigration benefits;

        (4) the representation of clients before the Department of State in matters pertaining to the consular processing of visa applications; and

        (5) the representation of clients in matters of original and appellate jurisdiction before United States district courts and United States courts of appeals concerning immigration and nationality matters.

    The immigration and nationality certification committee may waive the 3 years immediately preceding the date of application requirement upon good cause shown.

    (c) Peer Review. The applicant must submit to the immigration and nationality certification committee the names and addresses of 5 attorneys who are neither relatives nor current associates or partners, as references to attest to the applicant's reputation for substantial involvement and competence in the field of immigration and nationality law, as well as the applicant's character, ethics, and reputation for professionalism. No less than 1 reference shall be board certified in immigration and nationality law. The immigration and nationality law certification committee may authorize references from persons other than attorneys upon good cause shown.

    (d) Education. The applicant must demonstrate completion of 50 credit hours of approved continuing legal education in immigration and nationality law during the 3-year period immediately preceding the date of application.

    Accreditation of educational hours is subject to policies established by the immigration and nationality law certification committee or the board of legal specialization and education.

    (e) Examination. The applicant must pass a written examination designed to demonstrate sufficient knowledge, skills, proficiency, and professionalism in the field of immigration and nationality law to justify the representation of special competence to the legal profession and the public.