Attorney Advisor (ELR)

Office of General Counsel
5107 Leesburg Pike
Suite 2300
Falls Church, VA 22041
United States
About the Office: 

If you are interested in a rewarding and challenging career, this is the position for you!

The Executive Office for Immigration Review (EOIR) seeks highly-qualified individuals to join our Agency for a challenging and rewarding professional opportunity. 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. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings. EOIR consists of three adjudicatory components: The Office of the Chief Immigration Judge, which is responsible for managing the Immigration Courts where Immigration Judges adjudicate individual cases; the Board of Immigration Appeals, which primarily conducts appellate reviews of these Immigration Judge decisions; and the Office of the Chief Administrative Hearing Officer, which adjudicates immigration-related employment cases.

This position is located within the Office of the General Counsel, Employee and Labor Relations (ELR) Unit, Executive Office for Immigration Review, U. S. Department of Justice. The primary function of the position is to provide legal advice and representation, in formal and informal settings, for EOIR management on the full array of Federal labor and employment matters, including labor and employee relations, equal employment opportunity, discipline, performance management, labor negotiations, and related actions.

This is an Excepted Service position; additional positions may be filled from this announcement.

Job Description: 

Duties include but are not limited to the following:

  • Performing trial attorney responsibilities in sensitive cases concerning all facets of federal labor and employment laws.
  • Providing advice on sensitive and difficult legal issues presenting novel issues, complex factual scenarios in an area with evolving case law and the absence of clearly applicable precedents.
  • Coordinating the development and presentation of agency representation from initial complaint or charge until conclusion of the administrative process.
  • Establishing case strategies and tactics.
  • Conducting research in connection with cases pending administrative hearing to analyze factual and legal issues and to determine what further facts are needed and what legal sources are applicable.
  • Developing the EOIR position on litigation issues that arise in conjunction with federal court and administrative tribunal proceedings, to include: pre-trial discovery, motion practice, pleadings, trial, and the analysis of attorney fee requests by individuals who are prevailing parties in litigation against the agency; the review of actions to ensure that the agency complies with remedies that are awarded to individual or labor organizations to include reinstatement, back pay, cease and desist orders, protection against reprisals, and implementation of "make whole" remedies.
  • Conducting direct negotiations regarding settlement with complainants and attorneys.
  • Preparing and/or reviewing settlement documents and monitoring agency compliance.
  • Developing legal memoranda in connection with hearings and post-hearing briefs, appeals, or responses.
  • Providing legal counsel, guidance and advice regarding labor and employment law.
  • Developing guidance and advice on the interpretation and application of labor and employment law decisions for consistent application and implementation throughout EOIR.
  • Reviewing legal documentation and official complaints for labor law compliance.
  • Representing the agency in labor negotiations and labor relations matters.

 In order to qualify for the Attorney Advisor (ELR) position, you must meet the following minimum qualifications:

To qualify at the GS-14 level:
Applicants must have at least three (3) years post J.D. specialized experience equivalent to the GS-13 level in the Federal service that included: 1) providing legal advice and representation on various matters concerning labor and employment law; 2) participating in labor and employment litigation, preferably before the Merit Systems Protection Board, Federal labor Relations Authority, and /or Equal Employment Opportunity Commission; and 3) developing an agency's position on employment law litigation issues that arise in conjunction with federal court and administrative tribunal proceedings, including advising on settlements. (Must be reflected in resume)

To qualify at the GS-15 level:
Applicants must have at least four (4) years post J.D. specialized experience equivalent to the GS-14 level in the Federal service that included: 1) providing legal advice and representation on various matters concerning labor and employment law; 2) representing clients as a trial attorney in federal sector labor and employment litigation; 3) coordinating and/or directing the development and presentation of agency representation from initial complaint or charge until conclusion of the administrative process; and 4) developing positions on litigation issues that arise in conjunction with federal court and administrative proceedings, to include conducting direct negotiations regarding settlement with opposing parties and attorneys. (Must be reflected in resume)

BASIC REQUIREMENTS: All applicants must also meet the following:

  • Must possess an LL.B or a J.D. degree. AND
  • Must be an active member of the bar, duly licensed and authorized to practice law as an attorney under the laws of a U.S. state, a territory. Puerto Rico or the District of Columbia (Date of admission to bar must be included in resume). AND
  • Must be a U.S. citizen and have a minimum of four (4) years of professional legal experience, post J.D. to qualify for the position.

Applicants must meet all qualifications and eligibility requirements by the closing date of the announcement.

EDUCATION IS A BASIC REQUIREMENT FOR THIS VACANCY: 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. Applicants can verify accreditation by clicking here. All education claimed by applicants will be verified by the appointing agency accordingly. You must meet all qualification requirements by the closing date of this announcement.

$114,590 to $164,200 per year
Occasional travel - You will be expected to travel for this position.
Application Process: 

You must submit a complete application package by 11:59 PM (EST) 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:
* 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.

Required Documents:

To apply for this position, you must provide a complete Application Package by the closing date of this announcement, which includes:
1. Your Resume showing relevant experience; cover letter optional
2. A complete Assessment Questionnaire
3. Most recent SF-50
Current and former Federal employees must submit their SF-50, and must include grade, series, tenure, and type of service. Cash awards and time off awards will not be accepted.
4. Proof of active bar membership
5. Writing sample
6. Other supporting documents (submit if applicable to you):

  • CTAP/ICTAP documents
  • Veterans' documentation (DD-214 (Member 4 copy), dated VA Letter, SF-15)

Note: Please ensure that your resume contains your full name, address, phone number, employment information such as: Employer name and location; From and to dates (or from date to present for current position), which include the month and year for each description of experience, with grade level held, if applicable, education, training etc.

Application Deadline: 
Friday, March 2, 2018
Relocation Expenses: 
Number of Positions: 
Updated February 9, 2018

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Department Policies

Equal Employment Opportunity:  The U.S. Department of Justice is an Equal Opportunity/Reasonable Accommodation Employer.  Except where otherwise provided by law, there will be no discrimination because of color, race, religion, national origin, political affiliation, marital status, disability (physical or mental), age, sex, gender identity, sexual orientation, genetic information, status as a parent, membership or non-membership in an employee organization, on the basis of personal favoritism, or any other non-merit factor.  The Department of Justice welcomes and encourages applications from persons with physical and mental disabilities. The Department is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department of Justice.

Reasonable Accommodations:  This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency.  Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

Outreach and Recruitment for Qualified Applicants with Disabilities:   The Department encourages qualified applicants with disabilities, including individuals with targeted/severe disabilities to apply in response to posted vacancy announcements.  Qualified applicants with targeted/severe disabilities may be eligible for direct hire, non-competitive appointment under Schedule A (5 C.F.R. § 213.3102(u)) hiring authority.  Individuals with targeted/severe disabilities are encouraged to register for the Office of Personnel Management (OPM) Shared List of People with Disabilities (the Bender Disability Employment Registry) by submitting their resume to and referencing "Federal Career Opportunities" in the subject line.  Additional information about the Bender Registry is available at  Individuals with disabilities may also contact one of the Department’s Disability Points of Contact (DPOC).  See list of DPOCs.    

Suitability and Citizenship:  It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment.  Employment is also contingent upon the completion and satisfactory adjudication of a background investigation. Congress generally prohibits agencies from employing non-citizens within the United States, except for a few narrow exceptions as set forth in the annual Appropriations Act (see, Pursuant to DOJ component policies, only U.S. citizens are eligible for employment with the Executive Office for Immigration Review, U.S. Trustee’s Offices, and the Federal Bureau of Investigation. Unless otherwise indicated in a particular job advertisement, qualifying non-U.S. citizens meeting immigration and appropriations law criteria may apply for employment with other DOJ organizations. However, please be advised that the appointment of non-U.S. citizens is extremely rare; such appointments would be possible only if necessary to accomplish the Department's mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis. All DOJ employees are subject to a residency requirement. Candidates must have lived in the United States for at least three of the past five years. The three-year period is cumulative, not necessarily consecutive. Federal or military employees, or dependents of federal or military employees serving overseas, are excepted from this requirement. This is a Department security requirement which is waived only for extreme circumstances and handled on a case-by-case basis.

Veterans:  There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, 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 Form (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, for a copy of SF 15, which lists 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 nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that his  or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).


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This and other vacancy announcements can be found under Attorney Vacancies and Volunteer Legal Internships. The Department of Justice cannot control further dissemination and/or posting of information contained in this vacancy announcement. Such posting and/or dissemination is not an endorsement by the Department of the organization or group disseminating and/or posting the information.