He has already passed the bar exam, that was established in episode one, he made a bet with a friend that he's so smart he could pass the bar exam without going to law school, he is not a full member of the bar as he didn't complete the rest of the application such as the ethics interview that Rachel's about to do. The reason that Mike didn't simply complete the bar application and have him working as a sort of apprentice under Harvey in season 1 is the bylaws of Pearson Hardman as it was then known stated that all associates and partners must have gone to Harvard Law School, Harvey decided the only way to employ Mike is fake the Harvard Degree and Bar certification.
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