GENERAL ATTORNEY

Duties

As part of both USCIS and the Office of the General Counsel of the Department of Homeland Security (DHS), you will work with other highly talented attorneys and colleagues on a rich array of intellectually challenging, critically important, cutting edge legal issues. Working along-side other components of DHS, USCIS strives to administer immigration benefit applications fairly, efficiently, and in keeping with the law, while simultaneously safeguarding our borders, our cyber space, and other elements of our nation's security. This vital mission is achieved by a diverse workforce spanning hundreds of occupations. Make an impact; join, OCC, USCIS, and DHS!

The Office of the Chief Counsel (OCC), U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security, is seeking an attorney with demonstrated experience in employment law with the Commercial and Administrative Law Division to provide legal advice and representation in the Southeast Region and Northeast Region.

The selectee for this vacancy will serve as an attorney providing labor and employment law advice to the Chief of the Commercial and Administrative Law Division (CALD), the Chief Counsel, and USCIS officials. The attorney will report to a CALD Deputy Chief Counsel. The position will focus on federal employment law with a particular emphasis on reviewing disciplinary and performance actions. The selectee will also represent the agency against complaints and appeals before the Merit Systems Protection Board and the Equal Employment Opportunity Commission.

The selectee will also provide litigation support to AUSAs litigating employment cases before federal district and appellate courts. Other duties include reviewing reports of investigation and advising supervisors and managers on a wide range of personnel issues, including employee misconduct, poor performance and compliance with FMLA and Rehab Act, among others.

The selectee will edit and review the legal sufficiency of performance improvement plans and notices of personnel decisions. The attorney will also provide oral and written legal advice and develop and conduct training on a wide variety of performance, misconduct, disability accommodation, Veterans' rights and Equal Employment Opportunity issues. This is not an immigration law position. Demonstrated experience in the foregoing employment law areas is required; experience in immigration or other legal areas may not be substituted.

• Southeast Region (could be performed remotely within Eastern Time Zone);
• Northeast Region (could be performed remotely within Eastern Time Zone).

The actual salary will be dependent upon location of the position.

Requirements

Conditions of Employment

U.S. Citizenship: Candidate must be a United States Citizen and present proof of citizenship, if selected.

Qualifications by Closing date: You must meet all qualification requirements by the closing date of the announcement. Please note that qualification claims will be subject to verification.

Background Security Investigation: A background security investigation will be required for all new hires. Appointment will be subject to the applicant's successful completion of a background security investigation and favorable adjudication. Failure to successfully meet these requirements will be grounds for termination.

A Confidential Financial Disclosure Report (SF-450) will be required for certain positions. You may be asked to complete the necessary Financial Disclosure Report to meet that requirement.

Drug Testing: If position has been identified as a Testing-Designated position under DHS's Drug-Free Workplace Plan, any individual tentatively selected will be required to submit to urinalysis to screen for illegal drug use prior to appointment.

Selective Service Registration: Male applicants born after December 31, 1959, will be required to certify that they have registered with the Selective Service System, or are exempt from having to do so under the Selective Service Law.

Residency Requirement: There is a residency requirement for all applicants not currently employed by U.S. Citizenship and Immigration Services. The residency requirement states that candidates must have, for three of the last five years immediately prior to applying for this position(s);

• resided in the United States; or
• worked for the United States Government as an employee overseas in a Federal or Military capacity; or
• been dependent of a U.S. Federal or Military employee serving overseas.

Exceptions may be granted to applicants if they can provide complete state-side coverage information required to make a suitability/security determination.

Examples of state-side coverage information include:

• the state-side address of the company headquarters where the applicant's personnel file is located,
• the state-side address of the Professor in charge of the applicant's "Study Abroad" program,
• the church records for the applicant's overseas church mission,
• and/or the state-side addresses of anyone who worked or studied with the applicant while overseas. Applicants must be able to provide information at a later date if deemed necessary.

How You Will Be Evaluated

• Benefits

  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.

• Required Documents

  As a new or existing federal employee, you and your family may have access to a range of benefits. Your benefits depend on the type of position you have - whether you're a permanent, part-time, temporary or an intermittent employee. You may be eligible for the following benefits, however, check with your agency to make sure you're eligible under their policies.

  In addition to completing an online questionnaire, the following supporting documents must be received by the closing date of this announcement:

  • A cover letter addressed to the Office of the Chief Counsel (OCC) no more than 1 page in length summarizing your background and interest in the position not otherwise evident from the other required documents.
  • Resume.
  • A writing sample not to exceed 10 pages. Your writing sample must be on an employment law topic to be considered; EEOC or MSPB motions are preferred.
  • No more than 3 optional recommendations total.
  • A declaration under penalty of perjury that the applicant is a member in good standing with the bar of a state, territory of the U.S., the District of Columbia, or the Commonwealth of Puerto Rico, and that his or her fitness to practice law or conduct as an attorney have never been challenged in any jurisdiction, OR if either has been challenged, a sworn declaration concerning the facts and circumstances together with any explanation the applicant may deem appropriate. This notarized sworn statement must be dated within 3 months of the date the application is submitted.
  • If you are or have been a FEDERAL EMPLOYEE, please submit a copy of your last Notification of Personnel Actions, Form SF-50, which shows tenure group, promotion potential and salary, and your most recent or last performance appraisal.

  Recommendations must be scanned and uploaded into the system along with other supporting documents and addressed to the Office of the Chief Counsel.
  
  To verify your application is complete, log into your USAJOBS accounts. All of your applications will appear on the Welcome page. The application record in your USAJOBS account provides the Announcement Status and a “You applied on” date. This information does not confirm the agency application status. Use the “Track this Application” link for additional information regarding the agency application status, 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. For information on what each Announcement Status means, visit: https://www.usajobs.gov/Help/how-to/application/status/.
  
  It is your responsibility to ensure that your correct documents are uploaded and received. Please only submit documents listed in the Required Documents section.
  
  This job is being filled by an alternative hiring process and is not in the competitive civil service.

  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

  Your application must be received by 11:59 PM EST on February 22, 2023. To begin, click the Apply Online button and follow the prompts to register or sign into USAJOBS, take the online questionnaire, and submit the required documents. See Required Documents section.
  
  We strongly encourage you to apply online. If you cannot apply online, you must contact the office listed below at least one day prior to the closing date for instructions.
  
  Applications will NOT be accepted by mail, email or fax.
  
  Relocation expenses will NOT be reimbursed for this position.

  
  

  Agency contact information

  OCC Help Desk

  Phone

  240-721-5009

  Email

  occhelpdesk@uscis.dhs.gov

  Address

  U.S. Citizenship and Immigration Services
  5900 Capital Gateway Drive
  Camp Springs, Maryland 20588
  United States

  Next steps

  Once your complete application is received, we will conduct an evaluation of your qualifications. If you are among the candidates found minimally qualified, your application will be referred to the hiring manager for further consideration and possible interview.

• Fair and Transparent

  The Federal hiring process is set up to be fair and transparent. Please read the following guidance.

  • Equal Employment Opportunity (EEO) Policy
  • Reasonable accommodation policy
  • Financial suitability
  • Selective Service
  • New employee probationary period
  • Signature and false statements
  • Privacy Act
  • Social security number request

Required Documents

Clarification from the agency

United States Citizens