Legal Careers
Attorney Advisor
Falls Church, VA 22041 - United States
The Attorney General of the United States, through the Department of Justice (DOJ) has delegated to the Executive Office for Immigration Review (EOIR) those aspects of his authority that involve the administration and interpretation of the immigration laws of the United States, to include the review of immigration hearings and allegations of employment discrimination, document fraud, and employer sanctions. The primary mission of EOIR is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation's immigration laws.
Our office places a high value on diversity of experiences and perspectives and encourages applications from all qualified individuals from all ethnic and racial backgrounds, veterans, LGBT individuals, and persons with disabilities.
As the federal agency whose mission is to ensure the fair and impartial administration of justice for all Americans, the Department of Justice is committed to fostering a diverse and inclusive work environment. To build and retain a workforce that reflects the diverse experiences and perspectives of the American people, we welcome applicants from the many communities, identities, races, ethnicities, backgrounds, abilities, religions, and cultures of the United States who share our commitment to public service.
The Attorney General of the United States, through the Department of Justice (DOJ) has delegated to the Executive Office for Immigration Review (EOIR) those aspects of his/her authority that involve the administration and interpretation of the immigration laws of the United States, to include the review of immigration hearings and allegations of employment discrimination, document fraud, and employer sanctions. The primary mission of EOIR is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation’s immigration laws.
EOIR is comprised of three major adjudicating components, the Office of the Chief Immigration Judge (OCIJ), which includes a headquarters staff and all Immigration Courts located throughout the country; the Office of the Chief Administrative Hearing Officer (OCAHO); and the Board of Immigration Appeals (BIA). The Board of Immigration Appeals 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 is tasked with resolving the questions before it in a manner that is timely, impartial, and consistent with the Immigration and Nationality Act and regulations, and to provide clear and uniform guidance to Immigrations Judges, DHS, and the general public on the proper interpretation and administration of the Immigration and Nationality Act and its implementing regulations.
The Board also has appellate review/authority over various decisions of the Department of Homeland Security (DHS) District Directors, including all decisions involving administrative fines and penalties, familial visa petitions, and requests for advance permission to enter the United States. In addition, the Board has appellate review authority over disciplinary decisions of recognized organizations and representatives appearing before the Immigration Courts, DHS, and the Board.
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. The decisions the Board designates for publication in the bound volumes of Administrative Decisions Under Immigration and Nationality Laws of the United States (I&N Dec.) serve as precedents in all proceedings involving the same issues. Board decisions are reviewable in the federal courts, with those involving orders of removal directly reviewable in the United States Courts of Appeal.
The Attorney Advisor (BIA) 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.
Interested applicants must possess a J.D. degree, be an active member of the bar (any jurisdiction), and have at least four (4) years post-J.D. legal or other relevant experience.
Applicants should address separately, the following Quality Ranking Factors - demonstrating their ability in the following areas:
- Experience resolving problematic and unusual issues presented before the Appeals Board;
- Evaluating facts and evidence to interpret and apply statutes in the analysis of legal pleadings;
- Drafting memorandum relating to administrative, procedural, and substantive legal issues.
Please submit you application via email to the EOIR.HR_Application_Review@usdoj.gov
GS-14 grade level is $121,316.00 - $157,709.00.
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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 race, color, religion, national origin, sex - including gender identity, sexual orientation, or pregnancy status - or because of age (over 40), physical or mental disability, protected genetic information, parental status, marital status, political affiliation, or any other non-merit based 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. For more information, please review our full EEO Statement.
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 disabilities are encouraged to contact one of the Department’s Disability Points of Contact (DPOC) to express an interest in being considered for a position. 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, https://www.usajobs.gov/Help/working-in-government/non-citizens/). 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, www.opm.gov/forms/pdf_fill/SF15.pdf 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 their retirement was due to a permanent service-connected disability or that they were transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).
USAO Residency Requirement: Assistant United States Attorneys must reside in the district to which appointed or within 25 miles thereof. See 28 U.S.C. 545 for district specific information.
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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.