The Law Office of Brian D. Zuccaro, PLLC

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H-1B/TN VISA HOLDERS WIN COURT CASE OVER PHARMACIST LICENSING

In Adusumelli v. Steiner, a case brought by H-1B and TN visa holders working in the U.S. as pharmacists, a federal district court held that a N.Y. law, which restricted pharmacist licenses to U.S. citizens and permanent residents, violated the U.S. Constitution's Equal Protection Clause. The court also held that this law encroached upon the federal immigration power, which prohibits state laws from imposing discriminatory burdens upon foreign citizens lawfully within the U.S. 

As the court declared the N.Y. pharmacy licensing law unconstitutional, it permanently prohibited N.Y. from refusing to issue pharmacist licenses to non-immigrants including H-1B and TN visa workers.