Katie Zacharia faces mounting scrutiny over her legal credentials, with an advocacy group asking whether the self-described lawyer has the qualifications to support her claims.
Campaign for Accountability, a nonpartisan watchdog group, filed a complaint with the State Bar of California seeking an investigation into whether she violated the law by inflating her legal resume.
The group has also asked the state bar to refer Donald Trump's new White House press secretary to prosecutors if it finds her conduct was in breach of the law.
Ms Zacharia, who received a law degree from Pepperdine University, has repeatedly referred to herself as a lawyer in media appearances.
Mr Trump also referred to her as an "attorney" when he announced she would be stepping into the role following the departure of Karoline Leavitt.
A spokesperson for the State Bar of California told Sky News' broadcast partner NBC that Ms Zacharia had never "appeared on a California bar exam pass list", and the state does not have a record of her having been licensed to practice law.
The complaint came as Ms Zacharia faced criticism over her performance during her first press conference since being appointed to the high-profile role last week.
When asked by a reporter on Tuesday where she had passed the bar exam, Ms Zacharia said: "When I moved to China."
She later added in a statement: "I practiced international transaction law, with all the appropriate credentials."
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But Ms Zacharia would not have been able to practice law in China, where citizenship is required to pass the bar exam.
However, she could have consulted on cross-border legal issues.
In a letter sent to the California bar obtained by NBC, Campaign for Accountability pointed to a news report that found no evidence that Ms Zacharia had passed the bar in any state.
"If that reporting is accurate, Ms Zacharia has repeatedly held herself out to the public as entitled to practice law without a license to do so, conduct California law treats as a crime," the letter said.
The White House has not provided evidence that Ms Zacharia passed the bar exam or responded directly to questions on the subject.
On Tuesday, a White House official said: "She moved to China with her husband after graduating Pepperdine Caruso School of Law because of his job at an American private equity firm. In China, she worked on international transaction law until they moved back to the states."
Ms Zacharia, who is a former conservative commentator and senior communications adviser to Truth Social, said on LinkedIn that she served as "general counsel" for Fix California, which was founded by Trump ally Ric Grenell.
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