Summary
The Attorney Advisor is responsible for the preparation of proposed Board decisions in the most difficult and sensitive cases arising before the Board, involving extremely complex legal questions, factual issues, discretion, judgment, and other issues arising from decisions of Immigration Judges and DHS District Directors.
This job is open to
The public
U.S. Citizens, Nationals or those who owe allegiance to the U.S.
Clarification from the agency
All U.S. Citizens
Duties
About the Office
The primary mission of the Executive Office for Immigration Review (EOIR) is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation's immigration laws.
The Board of Immigration Appeals (BIA) is the highest administrative tribunal charged with interpreting and applying the immigration laws of the United States. The Board is responsible for applying the immigration and nationality laws uniformly throughout the United States. Accordingly, the Board has been given nationwide jurisdiction to review the orders of Immigration Judges and certain decisions made by the Department of Homeland Security (DHS), and to provide guidance to the Immigration Judges, DHS, and others, through published decisions. The Board also has appellate review/authority over various decisions of the Department of Homeland Security (DHS) District Directors, including all decisions involving carrier fines and penalties, familial visa petitions, and requests for advance permission to enter the United States. The Board's decisions are binding on all officers and employees of the DHS and on Immigration Judges in the administration of the Immigration and Nationality Act, except as they may be modified or overruled by the Attorney General.
Job Description
The Board of Immigration Appeals (BIA) is seeking Attorney Advisors that will be responsible for the preparation of proposed Board decisions in the most difficult and sensitive cases arising before the Board, involving extremely complex legal questions, factual issues, discretion, judgment, and other issues arising from decisions of Immigration Judges and DHS District Directors. The major duties include:
- Identifying all factual, procedural and substantive issues, relevant constitutional, statutory, judicial and regulatory law, and drafts properly supported legal decision.
- Analyzing records of administrative hearings to evaluate questions of fact and/or questions of law for adherence to procedural requirements.
- Rendering guidance and interpretation with respect to questions pertaining to regulations, practices or other matters falling within the purview of the Board.
- Preparing proposed order reflecting analysis of issues and recommendation for disposition.
- Drafting proposed Board decisions in the most complex and sensitive cases arising before the Board, involving extremely complex legal questions and factual issues.
Requirements
Conditions of employment
- You must be a U.S. Citizen or National.
- You must complete a background investigation, credit check, and drug test.
- Selective Service Registration is required, as applicable.
- A two year trial period may be required.
- Salary payments must be by direct deposit to a financial institution.
Qualifications
In order to qualify for the Attorney Advisor position, you must meet the following minimum qualifications:
Required Experience:
For GS-13:
- Must possess a J.D. Degree
- Must be an active member of the bar (any U.S. jurisdiction).
- Must have at least 1.5-years post-J.D. legal (or equivalent), or other relevant experience.
- Must be a U.S. citizen or National.
For GS-14:
- Must possess a J.D. Degree
- Must be an active member of the bar (any U.S. jurisdiction).
- Must have at least 2.5-years post J.D. legal (or equivalent), or other relevant experience.
- Must be a U.S. citizen or National.
(Your resume must CLEARLY demonstrate this experience)
Preferred Experience: Legal advisory, legal research, and legal policy experience in immigration law is preferred but not required.
IN DESCRIBING YOUR EXPERIENCE, PLEASE BE CLEAR AND SPECIFIC. WE MAY NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE. If your resume does not support your assessment questionnaire answers, we will not allow credit for your response(s). Ensure that your resume contains your full name, address, phone number, email address, and employment information. Each position listed on your Resume must include: From/To dates of employment (MM/YYYY-MM/YYYY or MM/YYYY to Present); agency/employer name, position title, grade level(s) held, if applicable; hours, if less than full time; and duties performed. In addition, any experience on less than a full time basis must specify the percentage and length of time spent in performance of such duties.
Applicants must meet all qualifications and eligibility requirements by the closing date of the announcement.
Education
ARE YOU USING EDUCATION TO QUALIFY? Education must be accredited by an accredited institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications (particularly positions with a positive education requirement). You MUST provide transcripts or other documentation to support your educational claims. Applicants can verify accreditation by clicking here. All education claimed by applicants will be verified by the appointing agency accordingly. (Note: If you are selected for this position based on education, an official transcript will be required, prior to your first day.) You must meet all qualification requirements by the closing date of this announcement.
Special Instructions for Foreign Education: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show that the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs and such education has been deemed equivalent to that gained in accredited U.S. education programs; or full credit has been given for the courses at a U.S. accredited college or university. Translated transcripts are required. For further information, click here.
Additional information
Conditions of Employment: Only U.S. Citizens or Nationals are eligible for employment with the Executive Office for Immigration Review. Dual citizens of the U.S. and another country will be considered on a case-by-case basis. All DOJ applicants, both U.S. citizens and non-citizens, whose job location is with the U.S., must meet the residency requirement. For a total of three (not necessarily consecutive years) of the five years immediately prior to applying for a position, the applicant must have: 1) resided in the U.S., 2) worked for the U.S. overseas in a Federal or military capacity; or 3) been a dependent of a Federal or military employee serving oversees.
Additional positions maybe filled from this announcement within 90 days of certificate issuance.
Fair Chance to Compete for Jobs: Unless otherwise required by law, the Fair Chance to Compete for Jobs Act prohibits employees of the U.S. Department of Justice or a federal contractor acting on its behalf from inquiring about an applicant's criminal history record, either in writing or orally, before that individual receives a conditional offer of employment. Applicants who believe they have been subjected to a violation of the Fair Chance to Compete for Jobs Act, may submit a written complaint within 30 days of the date of the alleged non-compliance directly to the hiring office using the contact information listed in the announcement.
Applicants should familiarize themselves and comply with the relevant rules of professional conduct regarding any possible conflicts of interest in connection with their applications. In particular, please notify this Office if you currently represent clients or adjudicate matters in which this Office is involved and/or you have a family member who is representing clients or adjudicating matters in which this Office is involved so that we can evaluate any potential conflicts of interest or disqualification issues that may need to be addressed under those circumstances.
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.
Review our 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.
If it is determined that you meet the minimum qualification requirement, your application will be identified for referral to the hiring manager for further review and consideration. There is no formal rating system for applying veteran's preference to attorney appointments in the excepted service; however, the Department of Justice considers veteran's preference eligibility as a positive factor in attorney hiring. Applicants eligible for veteran's preference must include that information in their cover letter or resume and attach supporting documentation (e.g. the DD214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions.
Although the "point" system is not used, per se, applicants eligible to claim 10- point preference must submit Standard From SF-15, Application for 10- Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy of the SF-15, which list the types of 10- point preferences and the required supporting document (s). Applicants should note that SF-15 requires supporting documentation associated with service-connected disabilities or receipt of non-service connected disabilities pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch or Armed Forces showing that his or her retirement was due to permanent service-connected disability or that he/she was transferred to the permanent disability retirement list (the statement or retirement orders must indicate that the disability is 10% or more.)
In order to be rated as meeting the minimum qualifications, we must be able to determine from your application package that you have the education and experience that is required. Applicants who have qualifying experience performed on less than a full-time basis must specify the percentage and length of time spent in performance of such duties.
Required Documents
To apply for this position, you must provide a complete Application Package by the closing date of this announcement, which includes:
- Resume showing relevant experience; cover letter optional
- Copy of J.D., or equivalent degree (official transcript with conferred status is acceptable)
- 3. Other supporting documents (submit if applicable to you):
- A writing sample that demonstrates the candidate's ability to author legal documents. This document cannot exceed 10 (ten pages)
- Bar Certificate - in Good Standing
- Most recent SF50 (if applicable)
- A statement indicating whether you are or have been a political appointee in the past five (5) years (if applicable)
- Veterans' documentation: DD-214 Member 4 copy, dated VA Letter, SF-15 (If Applicable)
Note: Resumes exceeding two pages will not be accepted by USAJOBS and will prevent your application from moving forward in the hiring process Ensure that your resume contains your full name, address, phone number, email address, and employment information. Each position listed on your Resume must include: From/To dates of employment (MM/YYYY-MM/YYYY or MM/YYYY to Present); agency/employer name, position title, grade level(s) held, if applicable; hours, if less than full time; and duties performed. In addition, any experience on less than a full time basis must specify the percentage and length of time spent in performance of such duties.
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.
If you are relying on your education to meet qualification requirements:
Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from
schools accredited by accrediting institutions recognized by the U.S. Department of Education.
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.
How to Apply
You must submit a complete application package by 11:59 PM (ET) on the closing date of the announcement.
* To begin, click Apply Online to create a USAJOBS account or log in to your existing account. Follow the prompts to select your USAJOBS resume and/or other supporting documents and complete the occupational questionnaire, which can be previewed here: https://apply.usastaffing.gov/ViewQuestionnaire/12941036.
* Click the Submit My Answers button to submit your application package.
* It is your responsibility to ensure your responses and appropriate documentation is submitted prior to the closing date.
* To verify 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 Details 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.
You must submit a complete application by the close of the announcement.
Next steps
You will be notified of your application status during the hiring process, as applicable. You may check your application status by accessing the USAJOBS website and clicking "Application Status". The process may take up to 6 weeks.
The four points of notification are:
- Application Received or Application Incomplete
- Minimum Qualification Requirement Met/Not Met
- Eligible (Application Referred) or Ineligible (Application Not referred)
- Selected or Not Selected
If your name is referred to the hiring official, you may be contacted directly by that office for a possible interview.