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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We are Farmers – where ambition meets opportunity.
At Farmers, we’re not just known for unforgettable jingle – we’re a team with a passion for purpose and making a real difference in people’s lives. We deliver peace of mind when it matters most. Our results-driven, high-performance culture thrives on creativity, accountability and bold solutions. Here, growth isn’t just a goal – it’s a way of life for both the organization and every individual on our team. We tackle challenges head-on, learn from every experience and measure our impact on the customers who trust us.
Join an award-winning, equal opportunity employer, where you’ll find more than a job – you’ll find a supportive community. Enjoy competitive benefits, take part in meaningful volunteer projects, and help shape the future alongside talented colleagues across all backgrounds. At Farmers, helping others is at the heart of what we do.
Ready to make your mark? Discover our vibrant culture and explore career opportunities at www.Farmers.com/careers/corporate. Connect with us on Instagram, LinkedIn and TikTok, and let’s build something incredible together!
Workplace: Remote ( #LI-Remote )
This is a virtual position handling cases venued throughout the El Paso, TX and Las Cruces/Albuquerque, NM areas. While candidates in the El Paso area are preferred, we are open to candidates statewide who are comfortable traveling to in-person appearances as required. Comprehensive benefits package including annual bonus potential up to 20% of the salary, generous 401k, auto allowance, PTO, medical/dental vision, paid parental leave, and much more all without the stress of billable hours!
Job Summary
This position is responsible for representing clients in all areas of insurance defense practice, handling cases that are primarily moderate to high complexity and exposure and/or involve unique insurance defense issues. Manages all phases of cases from intake to resolution.
Essential Job Functions
- Litigates moderate to high complexity and exposure cases and/or cases involving unique legal or procedural issues and performs duties necessary from intake to trial and/or settlement. This includes but is not limited to preparation of pleadings, motions, discovery, and briefs.
- Acts as the lead attorney at hearings, conferences, interviews, mediations, arbitrations, and/or trials.
- Develops strategies and arguments to thoroughly prepare for trial.
- Utilizes knowledge of legal precedents to analyze the probable outcomes of a case.
- Identifies the strengths and weaknesses of approaches to a case.
- Performs or ensures completion of any other tasks or duties necessary for the proper representation of clients.
- Consults with Claims Executive team and renders legal strategy recommendations regarding the legal aspects of the handling of personal injury claims.
- Provides guidance to ensure compliance with regulatory requirements and industry standards.
- Interprets applicable industry laws, rulings and regulations.
- Functionally supervises attorneys who are assisting in the handling of cases as development opportunities.
- Provides guidance and mentorship with the autonomy to learn.
Physical Actions
Job is performed in-person at a Farmers office or virtually at an approved alternative work location. Job may include work performed at field locations. The physical work environment is indoors and climate-controlled with adequate lighting and ventilation. Normal and customary distractions include background noise produced by office equipment and chatter among people, as well as interruptions. Field work performed outdoors may include exposure to weather elements. Frequently sits or stands for prolonged periods of time, up to a full shift. Occasionally moves about the workplace including navigating stairs, ramps, and level or uneven surfaces. Occasionally moves, pushes, pulls, lifts, carries, and places objects or materials weighing up to 50 pounds without assistance. Frequently uses shoulders, arms, hands, and fingers to manipulate equipment, tools, and objects necessary to perform job duties. Frequently performs fine motor tasks such as typing, mousing, or writing, up to a full shift. Occasionally performs movements such as bending, stooping, crouching, kneeling, twisting, and reaching overhead or below the knees. Possesses clear vision, with or without correction, to visually read and verify information. Relies on depth perception and peripheral vision to navigate the work environment visually by identifying barriers, changes in terrain and locating objects. Possesses adequate hearing, with or without correction, to communicate with co-workers, respond promptly to auditory signals or alarms, and discern sounds essential for maintaining safety and productivity in the workplace. Jobs in this category may require regular travel between Farmers offices, alternative work locations, and/or field locations.
Physical Environment
Required job duties are normally performed in a climate-controlled office environment, with some exposure to uncontrollable outside environmental conditions and travel via automobile and/or commercial transportation.
Education Requirements
Bachelors degree preferred. Licensed to practice Law in applicable states required upon hire.
Experience Requirements
Seven years of litigation experience required. Insurance defense, personal injury, and/or jury trial experience required. First and second chair trial experience in bodily injury litigation strongly preferred. Multistate jurisdictional practice preferred.
Special Skill Requirement
Public speaking, ability to function and handle high case loads in adversarial or confrontational situations, driving.
Additional Qualification
- Effective leadership skills.
- Excellent written and verbal communication skills with the ability to command the attention of an audience.
- Demonstrated problem solving skills.
- Possesses a genuine interest in the defense of Insurance regulations.
- Ability to represent the company with external constituents.
- Handles conflict effectively with the ability to quickly interpret and respond to new information.
- Demonstrates excellent judgment and decision making skills.
- Ability to work within tight timeframes and meet strict deadlines.
- Excellent time management and priority setting skills.
- Articulate and responsive to colleagues.
- Possesses strong technical aptitude.
- Adept and proficient at using technology to maximize efficiency in virtual, paperless environment.
Benefits
- Farmers offers a competitive salary commensurate with experience, qualifications and location.
- Bonus Opportunity (based on Company and Individual Performance)
- 401(k)
- Medical
- Dental
- Vision
- Health Savings and Flexible Spending Accounts
- Life Insurance
- Paid Time Off
- Paid Parental Leave
- Tuition Assistance
Job Location(s): US - TX - El Paso, US - NM - Albuquerque, US - NM - Las Cruces
Anticipated application deadline: At Farmers, the recruitment process is designed to ensure that we find the best talent to join our team. As part of this process, we typically close open positions within 8 to 21 days after posting. If you are interested in any of our open positions, we encourage you to submit your application promptly.
Farmers will consider for employment all qualified applicants, including those with criminal histories, in accordance with the Los Angeles Fair Chance Initiative for Hiring Ordinance or other applicable law. Pursuant to 18 U.S.C. Section 1033, Farmers is prohibited from employing any individual who has been convicted of any criminal felony involving dishonesty or a breach of trust without prior written consent from the state Department of Insurance.
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.
Farmers is an Equal Opportunity Employer and does not discriminate in any employer/employee relations based on race, color, religion, gender, sexual orientation, gender expression, genetic information, national origin, age, disability, marital status, military and veteran's status, or any other basis protected by applicable discrimination laws.
See all 35+ H-1B Visa Trial Attorney Jobs
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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.