Clarification from the agency

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.

Conditions of employment

• Must be at least 16 years old.
• Must be a U.S. Citizen.
• 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.

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.

Click here for Evaluation details.

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.

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