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! Responsibilities 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. Requirements Conditions of Employment 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. Refer to these links for more information: GENERAL INFORMATION, REASONABLE ACCOMMODATION, ADDITIONAL DOCUMENTATION, FORMER FEDERAL EMPLOYEES 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 Career Ladder Promotion Information 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).
