H-1B Visa Criminal Defense Attorney Jobs
H-1B visa jobs for criminal defense attorneys require a Juris Doctor degree and active bar admission, satisfying the specialty occupation standard. Sponsoring employers file a Labor Condition Application with DOL and an I-129 petition with USCIS, covering up to three years of status with extension possible to six years.
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INTRODUCTION
Clark Hill is seeking a mid-to-senior level attorney to join its Litigation business unit in Birmingham, MI. All candidates should have 6+ years of litigation practice experience and an active Michigan bar license. This position requires a minimum of 3 days in office and some flexibility for travel.
ROLE AND RESPONSIBILITIES
The ideal candidate will possess the following experience and skills:
- Personal injury experience
- Trial preparation experience, including file responsibility, motion practice (preferably including summary judgment and expert (Daubert) challenges), and depositions
- Detail oriented and able to assist in a significant portfolio of work for a high-volume practice
- Exceptional advocacy, research, writing, and negotiation skills
- Strong leadership and interpersonal skills
COMPENSATION
- Salary Range: $165,000-$190,000 annually, based upon a full-time work schedule. Actual compensation will be influenced by various factors, including but not limited to employee qualifications, relevant experience, skill sets, training, internal equity, and market data. This position is eligible for an annual discretionary bonus.
BENEFITS
In addition, Clark Hill offers employees the ability to participate in health insurance with optional HSA/FSA, short term disability, long term disability, dental insurance, vision care, life insurance, 401K, vacation, sick time, parking/public transportation allowance, and an employee assistance program.
Clark Hill is an AmLaw 200 law firm with 30 offices across the United States, Ireland, and Mexico. With 800+ attorneys, our value proposition is simple. We offer our clients an exceptional team, dedicated to the delivery of outstanding service. We recruit and develop talented individuals and empower them to contribute to our rich diversity of legal and industry experience. We work in agile, collaborative teams, partnering with our clients to help them reach and exceed their business goals.
Clark Hill is committed to an aggressive growth strategy through the hiring of associates, counsel, and members who fit our culture, embrace the goals of our strategic plan, and bring the skills and experience to our firm that are critical to serving the needs of our clients. Successful Clark Hill employees have a track record of solid academic credentials, along with strong interpersonal and communication skills. Clark Hill is a collaborative environment which provides for both a professional and personally rewarding career.
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Get Access To All JobsTips for Finding H-1B Visa Sponsorship as a Criminal Defense Attorney
Verify your bar admission transfers
Your H-1B visa LCA is tied to a specific worksite state, and bar admission doesn't automatically carry across state lines. Confirm reciprocity rules or start the admission-on-motion process before your start date so you're licensed where the LCA is certified.
Align your JD to specialty occupation
USCIS requires that a criminal defense attorney role demands a Juris Doctor in a directly related field. Have your employer document that the position requires a JD specifically, not just any bachelor's degree, to anchor the specialty occupation determination in the I-129 petition.
Search verified H-1B sponsors on Migrate Mate
Use Migrate Mate to find law firms and public defender offices with verified H-1B LCA filing history for attorney roles. Targeting employers who've filed before cuts time spent on outreach to firms unfamiliar with the sponsorship process.
Anticipate worksite-specific LCA requirements
If your role involves appearances at multiple courthouses across county or state lines, each distinct worksite may need its own certified LCA. Raise this with your sponsoring employer early so DOL filings cover every location before you appear there.
Time your offer against the H-1B cap cycle
Criminal defense attorney roles at private law firms are cap-subject. The selection rules have changed recently, so confirm the current registration window with your employer and USCIS before accepting an offer contingent on cap selection.
Request a prevailing wage check before negotiating
Your employer must pay at least the DOL prevailing wage for your SOC code and work location. Run the OFLC Wage Search for your specific county before salary discussions so you know the floor and can negotiate above it, not against it.
H-1B Visa Criminal Defense Attorney: Frequently Asked Questions
Does a criminal defense attorney role qualify as an H-1B specialty occupation?
Yes. A criminal defense attorney position requires a Juris Doctor degree in law, a specific academic field directly related to the duties of the role. USCIS treats attorney positions as specialty occupations when the employer documents that a JD, not a general bachelor's degree, is the minimum entry requirement for the position.
Which employers sponsor H-1B visas for criminal defense attorneys?
Private criminal defense law firms, public defender offices structured as government entities, and legal aid organizations that meet H-1B employer requirements are the main sponsors. Government public defender agencies are sometimes cap-exempt, which affects your timeline. Migrate Mate lists employers with verified H-1B LCA filing history for attorney roles so you can target sponsors directly.
Can a public defender office sponsor an H-1B visa?
Some can. Government-funded public defender offices may qualify as cap-exempt H-1B employers if they are affiliated with a governmental research organization or institution of higher education, which removes the annual cap requirement. Private nonprofit legal defense organizations are generally cap-subject. Confirm the entity type with your prospective employer and verify status with USCIS before accepting an offer.
What happens to my H-1B status if I move from one law firm to another?
You can transfer your H-1B to a new employer through H-1B portability, which allows you to start work once the new employer files an I-129 petition, without waiting for approval, as long as your prior status was lawfully maintained. The new employer must file a fresh LCA with DOL for each worksite and submit the I-129 to USCIS before your start date.
Do I need a separate LCA if I represent clients in multiple jurisdictions?
Yes, in most cases. Each worksite where you regularly perform work requires its own certified LCA listing that location. Short-term or occasional appearances may fall under DOL short-term placement rules, but if you're regularly working from a courthouse or office in a different metropolitan area, your employer needs to file a separate LCA covering that location before you work there.