H-1B Visa Assistant Counsel Jobs
Assistant Counsel roles qualify for H-1B visa sponsorship as specialty occupations requiring at least a bachelor's degree in law (J.D.). Corporate legal departments, financial institutions, and healthcare systems regularly file H-1B petitions for in-house counsel positions. Most roles fall under SOC code 23-1011, and prevailing wage compliance is confirmed through the employer's Labor Condition Application.
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INTRODUCTION
The Office of Labor Relations (OLR) represents the Mayor in the conduct of all labor relations between the City of New York and labor unions representing employees of the City. The Commissioner serves on behalf of the Mayor as the City’s liaison with both labor and management in the private sector. The office is authorized by Executive Order 38 (February 7, 1967), amended by Executive Order 13 (July 24, 1990). Additionally, OLR administers the Health Benefits Program, Management Benefits Fund, Employee Assistance Program, Work Well NYC, Medicare Part B Reimbursement and Pre-Tax Benefits & Citywide Programs including the Deferred Compensation Plan and NYCE IRA. In addition to negotiating collective bargaining agreements, OLR serves as a resource to agencies with regard to workforce labor issues and works with the Municipal Labor Committee (MLC) to pursue innovations in a variety of areas, particularly regarding City health insurance programs. The staff at OLR assist their fellow agencies in handling personnel and payroll issues, conducting labor-management meetings, representing the City at representation hearings, and handling all employee grievances and arbitration matters while also negotiating collective bargaining agreements with the City's 149 bargaining units.
Office of the General Counsel (OGC): Under the supervision of the General Counsel, OGC serves as the agency’s legal counsel, providing legal support and advice agency-wide on the wide range of issues that arise at the agency given the breadth of its portfolio. In addition to advising on collective bargaining and labor relations, the legal team attorneys represent the city before the Office of Collective Bargaining (OCB) in administrative proceedings, including arbitrations, and serve as neutrals during Step III grievance proceedings. The legal team is also responsible for contracts administration across the various procurements held by OLR’s administered programs. Further, OGC is responsible for ensuring compliance with the various regulatory requirements that set the legal framework for the employee benefits programs that serve the city’s approximately 300,000 employees and city retirees and their dependents. Lastly, the legal team liaises with the Law Department on litigation, discovery, and is responsible for FOIL, privacy, and the other day-to-day legal matters that arise for an agency’s in-house counsel team.
JOB SUMMARY
OGC seeks an Assistant General Counsel to support the agency’s broad portfolio. Reporting into the Managing Counsel, and working closely with OGC leadership on a team of approximately 15 legal and procurement professionals, the Assistant Counsel will represent the city in arbitration proceedings, assist on data privacy and compliance projects, and handle the various day-to-day legal matters that arise as assigned, including FOIL, MOUs, legislative review, and research projects. The successful candidate must be interested in the agency’s portfolio, including labor relations, compliance, and employee benefits and healthcare. They must be highly organized, detail-oriented, flexible, and possess the ability to work well with a variety of personalities and entities. Further, they must be solutions oriented, eager to learn, and a problem solver who can work both collaboratively and independently without close supervision to ensure they stay on task and deadlines are met. Patience, flexibility, sound judgment, creativity, and a good sense of humor to help ensure a collegial environment are also necessary for successful integration to OGC’s small team.
KEY RESPONSIBILITIES INCLUDE BUT ARE NOT LIMITED TO
- Representing the city in administrative proceedings, including arbitrations pursuant to collective bargaining agreements and improper practice claims before the Office of Collective Bargaining (OCB);
- Researching and drafting legal documents, including briefs, agreements (e.g., MOUs, contracts, side letters), and Memoranda;
- Reviewing agency communications prior to their release;
- Gaining a command of the collective bargaining law and familiarizing themselves with the unions that the agency engages with during labor negotiations;
- Preparing briefing documents for a variety of audiences, including decision-makers and non-attorneys;
- Handling FOIL assignments under the supervision of the Agency Privacy Officer (APO);
- Helping to develop contract templates and guidance for the agency’s programs;
- Liaising with the Law Department as needed (e.g., discovery requests);
- Assisting in the development of processes and systems for efficient management of the legal team’s workstreams, cases, and communications; and
- Other duties as needed.
MINIMUM QUALIFICATIONS
Graduation from an American Bar Association approved law school
55a Program Note: This position is open to qualified persons with a disability through the 55-a Program.
Public Service Loan Forgiveness
As a prospective employee of the City of New York, you may be eligible for federal loan forgiveness programs and state repayment assistance programs. For more information, please visit the U.S. Department of Education’s website at https://studentaid.gov/pslf/.
Residency Requirement
New York City residency is generally required within 90 days of appointment. However, City Employees in certain titles who have worked for the City for 2 continuous years may also be eligible to reside in Nassau, Suffolk, Putnam, Westchester, Rockland, or Orange County. To determine if the residency requirement applies to you, please discuss with the agency representative at the time of interview.
ADDITIONAL INFORMATION
The City of New York is an inclusive equal opportunity employer committed to recruiting and retaining a diverse workforce and providing a work environment that is free from discrimination and harassment based upon any legally protected status or protected characteristic, including but not limited to an individual's sex, race, color, ethnicity, national origin, age, religion, disability, sexual orientation, veteran status, gender identity, or pregnancy.
COMPENSATION
$75,992.00 – $108,786.00
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Get Access To All JobsTips for Finding H-1B Visa Sponsorship in Assistant Counsel
Verify your J.D. meets specialty occupation requirements
USCIS requires that your degree directly relate to the role's duties. A foreign law degree needs a credential evaluation confirming U.S. J.D. equivalency before your employer files the I-129, or the petition risks an RFE.
Target employers with in-house legal departments
Corporate legal teams at banks, insurers, and hospital systems file H-1B petitions far more consistently than small law firms. Search Migrate Mate to filter Assistant Counsel openings by employers with active H-1B LCA filing history in legal occupations.
Check prevailing wage levels before negotiating your offer
Your employer's LCA must certify a wage at or above the DOL prevailing wage for your SOC code and location. Run the OFLC Wage Search for Assistant Counsel (SOC 23-1011) in your metro area before your offer discussion starts.
Clarify bar admission requirements with your employer early
Some Assistant Counsel roles require active state bar membership, which USCIS may treat as a specialty occupation qualifier. Confirm whether bar admission is a stated job requirement before the I-129 is drafted, since it affects how the petition is structured.
Ask about premium processing during offer negotiation
USCIS standard H-1B processing can take several months. For legal roles with firm start dates tied to litigation calendars or closing schedules, request that your employer elect premium processing to get a decision within 15 business days.
Use O*NET to document specialty occupation duties
Pull the O*NET profile for Lawyers (23-1011) and cross-reference your actual job description before filing. A strong duty-to-degree match in the petition reduces RFE risk on the specialty occupation prong for in-house counsel positions.
H-1B Visa Assistant Counsel: Frequently Asked Questions
Does an Assistant Counsel role qualify as a specialty occupation for H-1B purposes?
Yes, provided the position requires at least a J.D. or equivalent as a minimum entry requirement. USCIS looks at whether a bachelor's-level degree in a specific field is normally required for the role. In-house counsel positions at corporations typically satisfy this because the duties involve legal analysis that a law degree directly enables.
Can I work as Assistant Counsel on H-1B if I passed the bar in a different state than where the job is located?
It depends on whether the employer lists bar admission as a job requirement. If the role requires active bar membership, you'll need admission in the correct jurisdiction before the petition is filed or before you begin practicing. Some employers sponsor candidates who are already studying for the relevant state bar, but the petition language needs to reflect that accurately to avoid complications at USCIS.
Which types of employers most commonly sponsor H-1B visas for Assistant Counsel positions?
Large corporations with dedicated legal departments, including financial services firms, healthcare systems, technology companies, and insurance carriers, file the most H-1B LCAs for in-house counsel roles. Law firms sponsor far less frequently for staff attorney or counsel positions than corporate legal teams do. You can browse employers with verified H-1B filing history in legal occupations on Migrate Mate.
How does the H-1B prevailing wage requirement work for Assistant Counsel roles?
Your employer files a Labor Condition Application with the DOL before submitting the I-129. The LCA must certify that your offered wage meets or exceeds the prevailing wage for Lawyers (SOC 23-1011) in your work location. You can verify the applicable wage level using the OFLC Wage Search. The employer is legally prohibited from paying below that certified wage for the duration of the H-1B.
Does holding a foreign law degree affect my H-1B eligibility for an Assistant Counsel role?
A foreign law degree doesn't automatically disqualify you, but it must be evaluated for U.S. equivalency. Your employer will need a credential evaluation from a recognized organization confirming your degree is equivalent to a U.S. J.D. before USCIS will accept it as satisfying the specialty occupation educational requirement. Gaps in the evaluation or degree translation can trigger an RFE, so this step needs to be completed before the petition is filed.