Thursday, February 9th, 2017

CA2 on H-1B, TN Visa Pharmacists, N.Y. Law: Paidi v. Mills

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"This case involves a state regulatory scheme that seeks to prohibit some legally admitted aliens from doing the very thing the federal government indicated they could do when they came to the United States—work.  Plaintiffs-Appellees are a group of nonimmigrant aliens who have been authorized by the federal government to reside and work as pharmacists in the United States.  All currently reside in New York and are licensed pharmacists there.   Plaintiffs obtained pharmacist’s licenses from New York pursuant to a statutory waiver to New York Education Law § 6805(1)(6)’s requirement that only U.S. Citizens or Legal Permanent Residents (“LPRs”) are eligible to obtain a pharmacist’s license in New York.  The waiver provision was set to expire in 2009.  In response, plaintiffs sued various state officials responsible for enforcing the law in the United States District