H-1B Visa Trial Attorney Jobs
Trial Attorney roles qualify as H-1B visa specialty occupations under USCIS standards, requiring a J.D. and bar admission in the relevant jurisdiction. Federal agencies, public defenders, prosecutors, and large litigation firms all sponsor H-1B visa petitions for attorneys, making this one of the more accessible legal paths to U.S. work authorization.
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About us:
At Selective, we don't just insure uniquely, we employ uniqueness.
Selective is a midsized U.S. domestic property and casualty insurance company with a history of strong, consistent financial performance for nearly 100 years. Selective's unique position as both a leading insurance group and an employer of choice is recognized in a wide variety of awards and honors, including listing in Forbes Best Midsize Employers in 2025 and certification as a Great Place to Work® in 2025 for the sixth consecutive year.
Employees are empowered and encouraged to Be Uniquely You by being their true, unique selves and contributing their diverse talents, experiences, and perspectives to our shared success. Together, we are a high-performing team working to serve our customers responsibly by helping to mitigate loss, keep them safe, and restore their lives and businesses after an insured loss occurs.
Overview:
Selective Insurance is seeking a Trial/Sr. Attorney who will work from our Long Island office when it opens next year on a hybrid basis. In the interim, this role will be remote. Provides legal representation to insureds of the Company in defense of litigated claims. Provides advice to the claims department of the Company and represents the Company in certain litigated matters. Responsible for managing a case load from inception to resolution. All job duties and responsibilities must be carried out in compliance with applicable legal and regulatory requirements.
Responsibilities:
- Independently represents the Insured before the assigned Court and presents witnesses and evidence on litigated claims.
- Analyzes complex legal and factual issues, conducts extensive, well-reasoned legal research, independently develops and presents initial defense strategies on behalf of the Insured.
- Drafts pleadings, written discovery, motions and briefs in support of defense strategies.
- Prepares for, attends and handles all activities related to full trial and/or appeals, as assigned.
- Provides effective and timely communications, information, legal advice and other services to clients and claims professionals on legal and factual issues.
- Assists in developing training materials for the Claims Department.
- Communicates with the Court, witnesses, opposing counsel and clients in a manner consistent with established office procedures and the Code of Professional Conduct.
- Responsible for the prompt, efficient and effective disposition of assigned cases. Travels to depositions, court appearances, claims and client meetings, and other events as necessary. Car travel represents approximately 20% of employee’s time.
- Keeps current with market trends and demands. Attends continuing legal education seminars in order to maintain a high level of professional expertise. Performs all other functionally related duties as assigned by the Managing Attorney.
- Provides legal representation to Selective’s insureds in defense of litigated claims. Provides advice to our claims partners and represents Selective in certain litigated matters. Responsible for managing a case load from inception to resolution. All job duties and responsibilities must be carried out in compliance with applicable legal and regulatory requirements.
- Analyzes legal and factual issues, conducts legal research, and independently develops and advances defense strategies on behalf of the Insured.
- Prepares pleadings, written discovery, motions, and briefs in support of defense strategies.
- Prepares for, attends, and handles all activities related to full trials and/or appeals, as assigned.
- Responsible for the strategic, efficient, and effective disposition of assigned cases. Travels to depositions, court appearances, claims and client meetings, and other events as necessary. Car travel represents approximately 20% of employees’ time.
- Provides effective and timely communications, information, legal advice, and other services to clients and claims professionals on legal and factual issues, adhering to our litigation guidelines.
- Communicates with the Court, witnesses, opposing counsel, and clients in a manner consistent with established office procedures and the Code of Professional Conduct.
- Assists in developing training materials for the Claims Department.
- Performs all other functionally related duties as assigned by the Managing Attorney.
QUALIFICATIONS
Knowledge and Requirements:
- Excellent customer service, writing and oral communication skills required.
- Ability to demonstrate independent judgment, research, litigation, and analytical skills.
- Strong legal research and writing skills required.
- Proficiency in Microsoft Word, Outlook and Edge or Chrome required.
- Legal case management software experience required.
- Typing skills required.
- Detailed knowledge of the business unit and industry preferred.
- Experience with TeamConnect and dictation software preferred.
- Must have valid state-issued driver’s license in good standing.
Education and Experience:
- Juris Doctor degree from ABA accredited law school required.
- Member in good standing of the Bar of the jurisdiction required.
- Knowledge of State laws, local court policies and procedures.
- 7+ years legal experience in the jurisdiction required.
- Trial experience preferred.
- Multi-state Bar admittance preferred.
TOTAL REWARDS:
Selective Insurance offers a total rewards package that includes a competitive base salary, incentive plan eligibility at all levels, and a wide array of benefits designed to help you and your family stay healthy, achieve your financial goals, and balance the demands of your work and personal life. These benefits include comprehensive health care plans, retirement savings plan with company match, discounted Employee Stock Purchase Program, tuition assistance and reimbursement programs, and 20 days of paid time off. Additional details about our total rewards package can be found by visiting our benefits page.
The actual base salary is based on geographic location, and the range is representative of salaries for this role throughout Selective's footprint. Additional considerations include relevant education, qualifications, experience, skills, performance, and business needs.
Pay Range: USD $130,000.00 - USD $189,000.00 /Yr.
Selective is an Equal Employment Opportunity employer. That means we respect and value every individual’s unique opinions, beliefs, abilities, and perspectives. We are committed to promoting a welcoming culture that celebrates diverse talent, individual identity, different points of view and experiences – and empowers employees to contribute new ideas that support our continued and growing success. Building a highly engaged team is one of our core strategic imperatives, which we believe is enhanced by diversity, equity, and inclusion. We expect and encourage all employees and all of our business partners to embrace, practice, and monitor the attitudes, values, and goals of acceptance; address biases; and foster diversity of viewpoints and opinions.
For Massachusetts Applicants
It is unlawful in Massachusetts to require or administer a lie detector test as a condition of employment or continued employment. An employer who violates this law shall be subject to criminal penalties and civil liability.
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Get Access To All JobsTips for Finding H-1B Visa Sponsorship as a Trial Attorney
Verify your bar admission meets specialty occupation
USCIS requires your J.D. and active bar admission to directly relate to the litigator role. If you're licensed in a different state than your employer's jurisdiction, document how federal court practice or your specific caseload bridges that gap.
Target federal agencies and public sector employers
DOJ components, public defender organizations, and federal prosecutor offices file H-1B petitions and are cap-exempt if affiliated with qualifying nonprofits or government entities, which removes lottery risk from your job search entirely.
Search verified H-1B sponsors on Migrate Mate
Filter Trial Attorney roles by employers with confirmed H-1B LCA filing history using Migrate Mate. This surfaces law firms and legal departments that have actually sponsored attorneys before, not just posted roles without immigration support.
Confirm prevailing wage level before accepting an offer
Use the OFLC Wage Search to look up the prevailing wage for your SOC code and metro area before negotiations. Your offered salary must meet or exceed the DOL-certified level on the LCA, and Level I wages for attorneys are often lower than market rate.
Ask explicitly about I-129 premium processing
Litigation departments have court deadlines that won't accommodate six-month standard processing. Ask your prospective employer whether they'll file premium processing through USCIS, which cuts adjudication to 15 business days and affects your actual start date.
Prepare a specialty occupation memo for your petition
Trial attorney roles face higher RFE rates than engineering or IT positions. Document that the specific role requires a J.D., not just a bachelor's degree, by referencing the job description, firm hiring standards, and the O*NET profile for attorneys.
H-1B Visa Trial Attorney: Frequently Asked Questions
Does a Trial Attorney role qualify as a specialty occupation for H-1B purposes?
Yes. USCIS treats Trial Attorney positions as specialty occupations because the role normally requires a J.D. and active bar admission in a related jurisdiction. Your employer's petition should document that the specific litigation work requires theoretical and practical application of law at the bachelor's-degree-equivalent level or higher, and that the firm or agency routinely hires only licensed attorneys for the role.
Which types of legal employers are most likely to sponsor H-1B visas for trial attorneys?
Federal government agencies, public interest law organizations, and large litigation firms are the most consistent H-1B sponsors for trial attorneys. Federal agencies and nonprofits affiliated with government bodies are often cap-exempt, meaning your petition bypasses the annual lottery. You can identify employers with active LCA filing history for legal roles by searching on Migrate Mate before applying.
Can I work as a Trial Attorney on H-1B if I'm only licensed in one state?
Yes, but the bar admission must be relevant to the actual work. Federal court practice doesn't require state bar admission in every jurisdiction, so many federal litigators hold a single state license. If your role involves state court proceedings outside your licensed jurisdiction, your employer may need to document pro hac vice admission or a supervising arrangement in the H-1B petition to satisfy USCIS specialty occupation requirements.
What happens to my H-1B status if my employer reassigns me from trial work to a transactional role?
A material change in job duties requires your employer to file an amended H-1B petition with USCIS before the reassignment takes effect. Moving from litigation to transactional work changes the SOC code, the prevailing wage basis, and potentially the specialty occupation justification. Failing to file an amendment puts your status at risk, so confirm with your employer that any role change triggers an amended I-129 filing.
Is there an H-1B cap issue I should know about when targeting government or nonprofit legal employers?
Cap-exempt employers, including government agencies, public universities, and nonprofits engaged in qualifying research or education, can file H-1B petitions at any time without competing in the annual lottery. For trial attorneys, this makes public defender offices, legal aid organizations, and DOJ-affiliated entities attractive targets. Cap-subject private law firms require selection in the annual USCIS registration lottery, which runs each spring for an October 1 start date.