This position is located in the Office of the Solicitor's Division of Employment and Training Legal Services and is assigned to the Immigration Programs Counsel area, which provides legal services to the Department's Office of Foreign Labor Certification and Office of Immigration Policy. We invite you to apply!
Summary
This position is located in the Office of the Solicitor's Division of Employment and Training Legal Services and is assigned to the Immigration Programs Counsel area, which provides legal services to the Department's Office of Foreign Labor Certification and Office of Immigration Policy. We invite you to apply!
This is an Excepted Service position and is open as well to Non-Citizens as allowed by law. This position will be filled through an alternative hiring process and is not in the competitive civil service.
Begin a challenging career with the Department of Labor! The Office of the Solicitor is looking for a talented and motivated attorney to join the Immigration Programs Counsel Area in the Division of Employment and Training Legal Services.
The Division provides legal assistance to:
(1) the Employment and Training Administration (ETA) in its administration of the foreign labor certification programs, the Federal-State unemployment compensation program, the national workforce investment and employment service programs, Job Corps, and apprenticeship programs.
(2) the Veterans' Employment and Training Service (VETS) in its administration of employment and training programs for veterans and separating service members, the Uniformed Services Employment and Reemployment Rights Act of 1994, and the provisions of the Veterans Employment Opportunities Act of 1998 relating to the enforcement of Federal executive branch veterans' preference laws; and
(3) the Bureau of International Labor Affairs (ILAB) with regard to all international labor activities of the Department, including with regard to its efforts to eradicate child labor, forced labor, and human trafficking and to negotiate and enforce strong labor rights provisions in trade agreements.
The individual selected will primarily provide legal advice, rulemaking, and litigation services to ETA's Office of Foreign Labor Certification (OFLC) and to the Department's Office of Immigration Policy (OIP) on matters related to the Department's administration of foreign labor certification programs under the INA, including, but not limited to, the H-1B, H-2A, H-2B, CW-1, and PERM programs, which are designed to assure that the admission of foreign workers into the United States on a permanent or temporary basis will not adversely affect the job opportunities, wages, and working conditions of U.S. workers. Specifically, the individual selected will engage in the following duties: 1) representing OFLC in administrative litigation before the Department's Office of Administrative Law Judges in connection with appeals of denials and other actions taken by OFLC with regard to employer applications for temporary and permanent labor certifications that are necessary to obtain visas to employ foreign workers in the United States; 2) assisting the Department of Justice in federal court litigation involving the programs administered by OFLC; 3) working collaboratively with OFLC to develop and implement regulations governing the programs administered by OFLC; and 4) providing formal and informal legal advice to OIP and to OFLC on all matters concerning its administration of the foreign labor certification programs. As needed, the individual selected may be required to assist and provide legal advice, rulemaking, and litigation services on matters related to the other ETA programs, VETS, or ILAB.
This position requires the ability to work in a fast-paced environment, a strong dedication to public service, and a background in litigation. Knowledge of the programs administered by OFLC, knowledge of and experience with Federal administrative law, and experience in the Federal rulemaking process is preferred.
The selected attorney will be expected to exercise sound judgment and discretion in the discharge of duties, including providing advice directly to DOL officials and staff, subject to the overall supervision of Division management. The selected attorney will from time-to-time meet with Federal officials in other Federal agencies such as the Department of Justice, the Department of Homeland Security, and the Department of State.
Candidate required to obtain the necessary security/investigation level.
Requires a probationary period if the requirement has not been met.
Relocation expenses will not be paid.
Qualifications
To qualify for an attorney position, applicants must possess a professional law degree (LL.B. or J.D.); be a member in good standing of the bar of a court of general jurisdiction of a state, territory or possession of the U.S.; and have acquired the amount of experience indicated below for each grade level.
Qualifying specialized experience for GS-13 includes:
two (2) years of progressively responsible legal experience of a professional nature which demonstrates the ability to perform the work at this level.
Qualifying specialized experience for GS-14 includes:
three (3) years of progressively responsible legal experience of a professional nature which demonstrates the ability to perform the work at this level. At least one year of qualifying experience, at this level, must be specialized experience as defined below.
Specialized experience, for both grade levels, is defined as experience engaging in federal rulemaking, conducting federal and/or administrative litigation, or experience researching and analyzing legal issues involving federal immigration programs.
Note: An LL.M may be substituted for a maximum of one year experience.
Education
A LL.B or J.D. is a requirement for this position. If you do not submit sufficient academic documentation necessary to demonstrate that you meet the eligibility and minimum qualification requirements described in this announcement, your application will be deemed incomplete and you will be ineligible for further consideration for this vacancy.
Any applicant falsely claiming an academic degree from an accredited school will be subject to actions ranging from disqualification from federal employment to removal from federal service.
If your education was completed at a foreign college or university, you must show comparability to education received in accredited educational institutions in the United States and comparability to applicable minimum course work requirements for this position. Click Evaluation of Foreign Education for more information.
Additional information
The mission of the Department of Labor (DOL) is to protect the welfare of workers and job seekers, improve working conditions, expand high-quality employment opportunities, and assure work-related benefits and rights for all workers.
As a condition of employment, all personnel must undergo a background investigation for access to DOL facilities, systems, information and/or classified materials before they can enter on duty: BACKGROUND INVESTIGATION
This position is inside the bargaining unit. If the duty location is within the Washington, D.C. metropolitan area, the position will be included in the Local 12, AFGE bargaining unit. If the duty location is outside the Washington, D.C. metropolitan area, the position will be included in the NCFLL bargaining unit.
Click here for Telework Position Information. This is not a remote work position. The selectee will report to an assigned DOL office location on a regular basis and is eligible for participation in telework as determined by management in accordance with DOL policy.
Based on agency needs, additional positions may be filled using this vacancy.
The Department of Labor may use certain incentives and hiring flexibilities, currently offered by the Federal government to attract highly qualified candidates. Click here for Additional Information.
The Fair Chance Act (FCA) prohibits Federal agencies from requesting an applicant's criminal history information before the agency makes a conditional offer of employment. If you believe a DOL employee has violated your rights under the FCA, you may file a complaint of the alleged violation following our agency's complaint process Guidelines for Reporting Violations of the Fair Chance Act.
Note: The FCA does not apply to some positions specified under the Act, such as law enforcement or national security positions.
All Department of Labor employees are subject to the provisions of the Drug-Free Workplace Program under Executive Order 12564 and Public Law 100-71.
Reasonable Accommodation (RA) Requests: If you believe you have a disability (i.e., physical or mental), covered by the Rehabilitation Act of 1973 as amended that would interfere with completing the USA Hire Competency Based Assessments, you will be granted the opportunity to request a RA in your online application. Requests for RA for the USA Hire Competency Based Assessments and appropriate supporting documentation for RA must be received prior to starting the USA Hire Competency Based Assessments. Decisions on requests for RA are made on a case-by-case basis. If you meet the minimum qualifications of the position, after notification of the adjudication of your request, you will receive an email invitation to complete the USA Hire Competency Based Assessments, based on your adjudication decision. You must complete all assessments within 48 hours of receiving the URL to access the USA Hire Competency Based Assessments if you received the link after the close of the announcement. To determine if you need a RA, please review the: Procedures for Requesting a Reasonable Accommodation for Online Assessments. (https://appsupport-usastaffing.opm.gov/hc/en-us/sections/45063131363475-Reasonable-Accommodation-In%E2%80%A6).
Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.
A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.
How you will be evaluated
You will be evaluated for this job based on how well you meet the qualifications above.
Applicants meeting the eligibility and minimum qualification requirements will be referred to the selecting official. While there is no formal rating system for applying veterans' preference to attorney appointments in the excepted service, the Office of the Solicitor of Labor considers veterans' preference eligibility as a positive factor in attorney hiring. You may find more information on positive considerations for attorney hiring.
Applicants meeting the minimum qualification requirements for this position will be further evaluated against the following evaluation factors. The information you provide may be verified by a review of your paid, unpaid, volunteer employment, as it demonstrates the competencies or skills required for the position to be filled. Your evaluation may include an interview, reference checks, or other assessment conducted by HR specialists, subject matter experts, or panel members and may include other assessment tools (ex. interview, structured interview, written test, work sample, etc.).
Evaluation Factors (Competencies) - All qualified applicants will be evaluated on the following key competencies:
Applicants meeting the minimum qualification requirements for this position will be further evaluated against the following evaluation factors. Current and/or past supervisors may be contacted unless specified otherwise. A panel and/or the selecting official or his/her designee may interview applicants.
Evaluation Factors:
1. Prior experience in complex Federal or administrative litigation, including litigation involving the Administrative Procedure Act. Prior experience with the immigration programs administered by OFLC, with Federal administrative law, and experience in the Federal rulemaking process will be a plus.
2. Ability to make effective oral presentations in a clear and concise manner.
3. Ability to advise clients and establish and maintain effective working relationships with high level departmental officials, regional program officials, supervisors, agency staff, officials and staff of other Federal agencies and the general public.
4. Ability to multi-task in a complex and fast-paced, inter-disciplinary legal environment, entailing timely collections of facts, identification and resolution of issues, enumeration of options, and formulation of recommendations.
5. Demonstrated skill in researching and preparing well-written, organized and persuasive documents including legal memoranda, regulations and guidance documents, correspondence, pleadings and briefs.
Under the authority of direct hire recruitment, evaluation factors are a tool to gauge one's proficiency in relevant competencies, but will not be used to determine who will be referred to the hiring manager for consideration. All candidates who have provided a complete application, and meet the minimum qualification requirements will be referred for consideration.
A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.
The following documents must be submitted by 11:59 p.m. (ET) on the vacancy closing date.
Resumes: Required and applicants must provide a resume either by creating one in USAJOBS or uploading one from your profile. To receive full consideration for relevant and specialized experience, please list the month, year, and number of work hours worked for the experience listed on your resume. We also suggest that you preview the vacancy questions, and confirm that your resume supports your question responses.
Bar Certification: Should you be selected for this position, you will be required to submit documentation verifying that you are an active member of the Bar in Good Standing of any State, District of Columbia, Puerto Rico, or any Territorial Court under the U.S. Constitution. This letter and/or certificate should be dated within the last six months of the closing date of this job announcement.
Transcript(s): Should you be selected for this position; you will be required to submit documentation verifying that you have completed your first professional law degree. Applicants who claim substitution of education for experience with an LL.M. must submit a copy of their transcripts for verification.
Writing Sample (If Applicable): Applicants must submit a writing sample. Some examples of documents demonstrating writing skills are briefs, legal memoranda, and opinion letters. These examples should total no more than 10 pages in length. Extracts of selected sections of larger documents are acceptable. This work must be your own, not edited by someone else.
Veterans Documents (if applicable): Attorney appointments within the Department of Labor are positions in the excepted service, not the competitive service. There is no formal rating system for applying veterans' preference in attorney appointments; however, the Department of Labor considers veterans' preference eligibility as a positive factor in attorney hiring. In order to receive positive consideration, you must indicate your eligibility, in response to the appropriate item on the vacancy questionnaire. Additionally, you must submit a copy of your Certificate of Release or Discharge from Active Duty, DD214 showing the type of discharge and dates of active duty and, if applicable, a VA letter certifying the present existence of the service-connected disability which indicates the percentage of your disability. (For active-duty service members expecting to be honorably discharged or released within 120 days, click Active Duty) Without this documentation, you will not receive the veteran's consideration. Additional information is available at Feds Hire Vets - Veterans Preference
You may also find more information on positive considerations for attorney hiring.
NOTE: The OFFICIAL Transcript(s) MUST BE RECEIVED, if you are selected, and prior to receiving the firm offer with a start date.
Cover Letters are not mandatory and will not be used to verify experience but may be submitted.
Reference the Education Section for College Transcript and Evaluation of Foreign Education.
Do not upload password-protected documents.
Applicants selected for employment who are not current DOL employees will be required to provide proof of citizenship, and the E-Verify system will be used to confirm the employment eligibility of all new hires.
As a condition of employment for accepting this position, you may be required to serve a one year trial period during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider:
- your performance and conduct;
- the needs and interests of the agency;
- whether your continued employment would advance organizational goals of the agency or the Government; and
- whether your continued employment would advance the efficiency of the Federal service.
Upon completion of your trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.
If you are relying on your education to meet qualification requirements:
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.
Persons who are deaf, hard of hearing, blind, or have speech disabilities, please dial 711 to access telecommunications relay services.
To apply for this position, you must complete the initial online application, including submission of the required documentation specified in the Required Documents section.
Your application and ALL required supplemental documents MUST be received by 11:59 pm Eastern Time on the vacancy closing date to receive consideration.
Important - Save your information before the 30 minute system timeout! For help, go to USAJOBS Help Center.
STEP 1 - Create USAJOBS Account on www.usajobs.gov, including Resume and Saved Documents. For each employment period, include start/end month & year and note full-time or part-time (if part-time, include # of hours worked per week) otherwise, your application may be considered incomplete.
NOTE: In alignment with the Presidential Memorandum titled Merit Hiring Plan, dated May 29, 2025, applicants may only submit a resume limited to two (2) pages. Only the résumé uploaded under the 'Resume" document type in USAJOBS will be reviewed. If the resume submitted exceeds two (2) pages, the application will be deemed ineligible for further consideration.
STEP 2 - Complete the 1st part of the application process (USAJOBS). Once you have identified a job on USAJOBS that you wish to apply for, click on the job title and then click the Apply button. For questions about the vacancy, contact the Agency Contact at the bottom of the announcement. Proceed through the steps noted at the top of the USAJOBS page. You will be able to select a resume and documents from your USAJOBS Account that you can submit as a package as part of your DOL application. In the final step, once you have certified your application, click the Continue to agency site button.
STEP 3 - Complete the 2nd part of the application process (DOL). On the Department of Labor (DOL) page, create a DOL Account if you have not already and click Apply to this vacancy. Continue through the progress steps at the top of the DOL page. The 2nd progress step is where you answer the vacancy-specific questions. The 3rd progress step Documents is where you submit the required documents (only if applicable to you) specified in the Required Documents section of this vacancy.
STEP 4 - On the Review and Submit step, verify each section of your application is complete and correct. In order to submit your application, you must have a check mark next to each section listed. If there is an X, return to the appropriate section and follow the prompts. When it is ready for submission, certify your application and click the Submit Application button.
STEP 5 - Edit Application as needed by 11:59 pm Eastern Time of Closing Date by returning to USAJOBS, clicking the vacancy, thenUpdate Application.
To update your application, including supporting documentation: During the announcement open period, return to your USAJOBS account, find your application record, and click Edit my application. This option will no longer be available once the announcement has closed.
To view the announcement status or your application status: Visit https://www.usajobs.gov/Help/howto/application/status/. Your application status page is where you can view your application status, USA Hire assessment completion status, and review your notifications sent by the hiring agency regarding your application.
Once your complete application is received, we will conduct an evaluation of your qualifications and refer candidates for selection consideration. Candidates will be referred to the hiring manager for further consideration and possible interviews. You will be notified of the outcome. A selection is expected to be made within 30 calendar days of the issuance date of the certificate.
For instructions on how to check the status of your application, go to USAJOBS Help Guide.
USAJOBS will no longer send status alert email notifications. You can check your application status in the TAS by logging into USAJOBS and in the Applicant Dashboard, click the hiring agency Talent Acquisition System (TAS). If the TAS does not provide application tracking information, contact the agency's point of contact on the job announcement.
To verify that your application is complete, log into your USAJOBS account, select the Application Status link, and then select the more information link for this position. The Application page will display the status of your application, the documentation received and processed, and any correspondence the agency has sent related to this application. Your uploaded documents may take several hours to clear the virus scan process. To return to an incomplete application, log into your USAJOBS account and click Update Application in the vacancy announcement. You must re-select your resume and/or other documents from your USAJOBS account or your application will be incomplete.
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
The following documents must be submitted by 11:59 p.m. (ET) on the vacancy closing date.
Resumes: Required and applicants must provide a resume either by creating one in USAJOBS or uploading one from your profile. To receive full consideration for relevant and specialized experience, please list the month, year, and number of work hours worked for the experience listed on your resume. We also suggest that you preview the vacancy questions, and confirm that your resume supports your question responses.
Bar Certification: Should you be selected for this position, you will be required to submit documentation verifying that you are an active member of the Bar in Good Standing of any State, District of Columbia, Puerto Rico, or any Territorial Court under the U.S. Constitution. This letter and/or certificate should be dated within the last six months of the closing date of this job announcement.
Transcript(s): Should you be selected for this position; you will be required to submit documentation verifying that you have completed your first professional law degree. Applicants who claim substitution of education for experience with an LL.M. must submit a copy of their transcripts for verification.
Writing Sample (If Applicable): Applicants must submit a writing sample. Some examples of documents demonstrating writing skills are briefs, legal memoranda, and opinion letters. These examples should total no more than 10 pages in length. Extracts of selected sections of larger documents are acceptable. This work must be your own, not edited by someone else.
Veterans Documents (if applicable): Attorney appointments within the Department of Labor are positions in the excepted service, not the competitive service. There is no formal rating system for applying veterans' preference in attorney appointments; however, the Department of Labor considers veterans' preference eligibility as a positive factor in attorney hiring. In order to receive positive consideration, you must indicate your eligibility, in response to the appropriate item on the vacancy questionnaire. Additionally, you must submit a copy of your Certificate of Release or Discharge from Active Duty, DD214 showing the type of discharge and dates of active duty and, if applicable, a VA letter certifying the present existence of the service-connected disability which indicates the percentage of your disability. (For active-duty service members expecting to be honorably discharged or released within 120 days, click Active Duty) Without this documentation, you will not receive the veteran's consideration. Additional information is available at Feds Hire Vets - Veterans Preference
You may also find more information on positive considerations for attorney hiring.
NOTE: The OFFICIAL Transcript(s) MUST BE RECEIVED, if you are selected, and prior to receiving the firm offer with a start date.
Cover Letters are not mandatory and will not be used to verify experience but may be submitted.
Reference the Education Section for College Transcript and Evaluation of Foreign Education.
Do not upload password-protected documents.
Applicants selected for employment who are not current DOL employees will be required to provide proof of citizenship, and the E-Verify system will be used to confirm the employment eligibility of all new hires.
As a condition of employment for accepting this position, you may be required to serve a one year trial period during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider:
- your performance and conduct;
- the needs and interests of the agency;
- whether your continued employment would advance organizational goals of the agency or the Government; and
- whether your continued employment would advance the efficiency of the Federal service.
Upon completion of your trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.
If you are relying on your education to meet qualification requirements:
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.
Persons who are deaf, hard of hearing, blind, or have speech disabilities, please dial 711 to access telecommunications relay services.
To apply for this position, you must complete the initial online application, including submission of the required documentation specified in the Required Documents section.
Your application and ALL required supplemental documents MUST be received by 11:59 pm Eastern Time on the vacancy closing date to receive consideration.
Important - Save your information before the 30 minute system timeout! For help, go to USAJOBS Help Center.
STEP 1 - Create USAJOBS Account on www.usajobs.gov, including Resume and Saved Documents. For each employment period, include start/end month & year and note full-time or part-time (if part-time, include # of hours worked per week) otherwise, your application may be considered incomplete.
NOTE: In alignment with the Presidential Memorandum titled Merit Hiring Plan, dated May 29, 2025, applicants may only submit a resume limited to two (2) pages. Only the résumé uploaded under the 'Resume" document type in USAJOBS will be reviewed. If the resume submitted exceeds two (2) pages, the application will be deemed ineligible for further consideration.
STEP 2 - Complete the 1st part of the application process (USAJOBS). Once you have identified a job on USAJOBS that you wish to apply for, click on the job title and then click the Apply button. For questions about the vacancy, contact the Agency Contact at the bottom of the announcement. Proceed through the steps noted at the top of the USAJOBS page. You will be able to select a resume and documents from your USAJOBS Account that you can submit as a package as part of your DOL application. In the final step, once you have certified your application, click the Continue to agency site button.
STEP 3 - Complete the 2nd part of the application process (DOL). On the Department of Labor (DOL) page, create a DOL Account if you have not already and click Apply to this vacancy. Continue through the progress steps at the top of the DOL page. The 2nd progress step is where you answer the vacancy-specific questions. The 3rd progress step Documents is where you submit the required documents (only if applicable to you) specified in the Required Documents section of this vacancy.
STEP 4 - On the Review and Submit step, verify each section of your application is complete and correct. In order to submit your application, you must have a check mark next to each section listed. If there is an X, return to the appropriate section and follow the prompts. When it is ready for submission, certify your application and click the Submit Application button.
STEP 5 - Edit Application as needed by 11:59 pm Eastern Time of Closing Date by returning to USAJOBS, clicking the vacancy, thenUpdate Application.
To update your application, including supporting documentation: During the announcement open period, return to your USAJOBS account, find your application record, and click Edit my application. This option will no longer be available once the announcement has closed.
To view the announcement status or your application status: Visit https://www.usajobs.gov/Help/howto/application/status/. Your application status page is where you can view your application status, USA Hire assessment completion status, and review your notifications sent by the hiring agency regarding your application.
Once your complete application is received, we will conduct an evaluation of your qualifications and refer candidates for selection consideration. Candidates will be referred to the hiring manager for further consideration and possible interviews. You will be notified of the outcome. A selection is expected to be made within 30 calendar days of the issuance date of the certificate.
For instructions on how to check the status of your application, go to USAJOBS Help Guide.
USAJOBS will no longer send status alert email notifications. You can check your application status in the TAS by logging into USAJOBS and in the Applicant Dashboard, click the hiring agency Talent Acquisition System (TAS). If the TAS does not provide application tracking information, contact the agency's point of contact on the job announcement.
To verify that your application is complete, log into your USAJOBS account, select the Application Status link, and then select the more information link for this position. The Application page will display the status of your application, the documentation received and processed, and any correspondence the agency has sent related to this application. Your uploaded documents may take several hours to clear the virus scan process. To return to an incomplete application, log into your USAJOBS account and click Update Application in the vacancy announcement. You must re-select your resume and/or other documents from your USAJOBS account or your application will be incomplete.
Fair and transparent
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
