Commercial Counsel Jobs in USA with Visa Sponsorship
Commercial Counsel roles sit squarely in H-1B visa specialty occupation territory, making them viable targets for sponsored candidates with a J.D. or equivalent law degree. Employers in tech, finance, and enterprise SaaS file LCAs regularly for these positions, and the role's regulatory complexity keeps demand steady even in tighter hiring cycles.
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Responsibilities
The Legal and Compliance team provides key support for all of TikTok USDS Joint Venture's innovative initiatives, state-of-the-art products, and integrated platforms. We help our technology, business, and functional teams enable their vision by providing seamless, integrated legal and compliance guidance and support. Within Legal and Compliance, the Litigation and Regulatory team handles a dynamic, high-volume portfolio of cutting-edge litigation and regulatory matters. We are seeking a highly experienced, strategic, and self-motivated Senior Employment & Commercial Litigation Counsel to join our legal team. Reporting directly to the Head of Litigation & Regulatory, this role will serve as the lead lawyer for day-to-day handling of employment litigation matters and a variety of commercial litigation matters. In this position, you will work closely with the Employment Legal, HR, and ER teams to provide critical legal guidance and serve as the primary owner of employment pre-litigation and litigation matters. In addition, you will work with other members of the Litigation & Regulatory team, as well as with cross-functional partners and business teams, on a wide range of civil and commercial litigation and pre-litigation issues. The ideal candidate is an experienced employment and commercial litigator with both law firm and in-house experience independently handling high-stakes, sensitive, and complex litigation matters in a fast-paced environment.
- Manage Employment Litigation: Serve as the day-to-day lead on employment litigation matters. Independently evaluate, manage, and resolve single-plaintiff claims, class/PAGA actions, arbitrations, and administrative agency proceedings (EEOC, CRD, state DOLs, etc.), among other matters. Partner with Employment Legal, HR, and Employee Relations, to manage and/or advise on pre-litigation dispute resolution, risk mitigation strategies, settlement negotiations, and internal investigations.
- Handle Commercial and Civil Litigation Matters: Lead and manage a diverse portfolio of civil and complex commercial litigation from pre-litigation through appeal, including class actions, torts, contract, and IP claims. Drive case strategy, oversee motions practice and discovery, manage outside counsel, set budgets, evaluate corporate risk, and defend the company in a dynamic range of commercial disputes and social media litigation.
- Assist with e-Discovery, Matter Management, and Legal Operations: Oversee legal hold, preservation, and e-Discovery workflows, including data collection, processing, and document review, in close coordination with internal e-Discovery teams and external vendors across complex enterprise infrastructure. Direct litigation operations and matter management, including managing external law firm billing, litigation budgets, accruals, and resource allocation, while building scalable internal processes and reporting.
- Cross-Functional Advocacy: Partner with a broad range of cross-functional internal teams to ensure seamless and proactive legal support, eliminating information gaps, silos, and operational bottlenecks. Serve as a trusted advisor to business leaders on litigation risk management, policy enforcement, and dispute resolution in high-stakes scenarios.
Qualifications
Minimum Qualifications:
- Juris Doctor (J.D.) degree from an accredited law school and active bar membership in good standing in at least one U.S. jurisdiction.
- 12+ years of litigation experience, including substantial experience in both employment and complex civil and commercial litigation (law firm and in-house experience preferred).
- Expert knowledge of relevant statutory frameworks, such as California and Federal employment law (e.g., FEHA, Title VII, FLSA, Labor Code, PAGA), along with strong familiarity with federal and state civil procedure.
- Proven track record of leading cross-disciplinary litigation teams, managing joint defense groups, overseeing complex employment and commercial litigation and advising on high-profile, sensitive investigations and pre-litigation matters.
- Exceptional written and oral communication skills, with a demonstrated ability to deliver practical, risk-adjusted legal advice.
- High EQ relationship-builder, with an attitude of collaboration, flexibility, a growth-mindset, team player, and humility.
- High level of integrity, professional judgment, acute attention to detail, and a deeply solution-oriented mindset.
Preferred Qualifications:
- Law firm employment litigation experience defending major technology, corporate, or media clients in complex single-plaintiff and class action litigation and arbitration.
- Law firm litigation experience leading complex commercial litigation matters, such as breach of contract disputes, corporate governance claims, unfair competition actions, class actions, IP claims, individual and mass torts, and more.
- In-house experience, particularly within a fast-paced technology or media environment, managing an active, fast-paced litigation docket, legal operations, and e-Discovery.
- Experience handling highly sensitive or confidential matters involving trade secrets, proprietary technology, or national security.
About USDS
TikTok USDS Joint Venture LLC is dedicated to the safety and security of millions of Americans who create, discover, and connect with what they love on the apps we operate. The Joint Venture has been established in compliance with the Executive Order signed by President Trump on September 25, 2025. Our foundation is a comprehensive data privacy and cybersecurity program we operate under defined safeguards to protect national security and secure U.S. user data, apps and the algorithm. We safeguard the U.S. content ecosystem, holding decision-making authority for trust and safety policies and moderation. USDS Joint Venture helps ensure Americans can continue to express their creativity, discover new hobbies and interests, and build thriving communities and businesses on a global scale. On-site presence across teams allows the company to operate with greater speed, alignment, and agility — especially in areas like real-time decision-making, team development, and integrated execution. As such, the company is shifting from a hybrid work model to a fully in-person schedule up to 5 days a week.
Why Join Us
Inspiring creativity is at the core of TikTok's mission. Our innovative product is built to help people authentically express themselves, discover and connect – and our global, diverse teams make that possible. Together, we create value for our communities, inspire creativity and bring joy – a mission we work towards every day. We strive to do great things with great people. We lead with curiosity, humility, and a desire to make impact in a rapidly growing tech company. Every challenge is an opportunity to learn and innovate as one team. We're resilient and embrace challenges as they come. By constantly iterating and fostering an "Always Day 1" mindset, we achieve meaningful breakthroughs for ourselves, our company, and our users. When we create and grow together, the possibilities are limitless. Join us.
Diversity & Inclusion
TikTok is committed to creating an inclusive space where employees are valued for their skills, experiences, and unique perspectives. Our platform connects people from across the globe and so does our workplace. At TikTok, our mission is to inspire creativity and bring joy. To achieve that goal, we are committed to celebrating our diverse voices and to creating an environment that reflects the many communities we reach. We are passionate about this and hope you are too.
USDS Reasonable Accommodation
USDS is committed to providing reasonable accommodations in our recruitment processes for candidates with disabilities, pregnancy, sincerely held religious beliefs or other reasons protected by applicable laws. If you need assistance or a reasonable accommodation, please reach out to us at https://tinyurl.com/USDS-RA
Job Information
【For Pay Transparency】Compensation Description (Annually) The base salary range for this position in the selected city is $228800 - $419200 annually. Compensation may vary outside of this range depending on a number of factors, including a candidate’s qualifications, skills, competencies and experience, and location. Base pay is one part of the Total Package that is provided to compensate and recognize employees for their work, and this role may be eligible for additional discretionary bonuses/incentives, and restricted stock units. Benefits may vary depending on the nature of employment and the country work location. Employees have day one access to medical, dental, and vision insurance, a 401(k) savings plan with company match, paid parental leave, short-term and long-term disability coverage, life insurance, wellbeing benefits, among others. Employees also receive 10 paid holidays per year, 10 paid sick days per year and 17 days of Paid Personal Time (prorated upon hire with increasing accruals by tenure). The Company reserves the right to modify or change these benefits programs at any time, with or without notice.
For Los Angeles County (unincorporated) Candidates:
Qualified applicants with arrest or conviction records will be considered for employment in accordance with all federal, state, and local laws including the Los Angeles County Fair Chance Ordinance for Employers and the California Fair Chance Act. Our company believes that criminal history may have a direct, adverse and negative relationship on the following job duties, potentially resulting in the withdrawal of the conditional offer of employment:
1. Interacting and occasionally having unsupervised contact with internal/external clients and/or colleagues;
2. Appropriately handling and managing confidential information including proprietary and trade secret information and access to information technology systems; and
3. Exercising sound judgment.
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Get Access To All JobsTips for Finding Commercial Counsel Jobs
Verify your J.D. satisfies specialty occupation
H-1B eligibility requires a degree in a directly related field. A U.S. J.D. or a foreign law degree evaluated as equivalent satisfies this for Commercial Counsel. Get a credential evaluation from a NACES-approved service before applying.
Target companies with active LCA filing history
Not every employer that posts Commercial Counsel roles will sponsor visas. Use Migrate Mate to identify companies with verified LCA filing history for legal roles, so you're applying where sponsorship is already established practice.
Flag in-house legal teams at late-stage startups
Series C and D companies building their first legal function often need Commercial Counsel urgently and have fewer internal bureaucratic barriers to sponsorship than large enterprises. Their faster hiring cycles can work in your favor during H-1B season.
Understand how prevailing wage affects your offer
Your employer must certify your salary meets the DOL prevailing wage for your location and role before the LCA is approved. Cross-check the OFLC Wage Search for your metro area so you can negotiate an offer that clears that threshold without delays.
Align your bar admission status with the job description
Some Commercial Counsel postings require active bar membership in a specific state; others accept "licensed in any U.S. jurisdiction." Confirm which applies before the offer stage, since USCIS will scrutinize whether your credentials match the stated specialty occupation requirements.
Anticipate the LCA-to-petition timeline in your notice period
Your employer files the LCA with DOL first, then submits the I-129 petition to USCIS. The LCA alone can take up to seven business days. Build this into your start-date negotiation so your notice period at a current employer doesn't create a gap.
Frequently Asked Questions
Does a Commercial Counsel role qualify as an H-1B specialty occupation?
Yes. Commercial Counsel positions require a J.D. or equivalent law degree in a directly related field, which meets the H-1B specialty occupation definition. USCIS has consistently recognized in-house legal roles as qualifying. Your employer's job description must reflect that a law degree is an actual requirement, not just preferred, to avoid a Request for Evidence.
Which visa types are realistic for a Commercial Counsel candidate without H-1B status?
H-1B is the primary route. If you're an Australian national, the E-3 visa is a strong alternative with no lottery and a cap that has never been exhausted. Canadian and Mexican nationals should evaluate the TN visa under the USMCA lawyer category. Each requires employer sponsorship and proof that the role meets specialty occupation criteria under the applicable visa classification.
How do I find Commercial Counsel employers who actually sponsor visas?
Browse Migrate Mate to find employers with verified LCA sponsorship history for legal roles. This cuts out the guesswork of cold-applying to companies that have never sponsored before and surfaces companies where the HR and legal infrastructure for visa filing is already in place.
Does my foreign law degree qualify me for a Commercial Counsel H-1B?
It can, but you'll need a credential evaluation confirming your foreign degree is equivalent to a U.S. J.D. or at minimum a U.S. bachelor's degree in law. USCIS accepts evaluations from recognized credential assessment organizations. Some officers look closely at whether the foreign legal training is in a jurisdiction comparable to U.S. law school curriculum, so choose an evaluator with immigration experience.
Can a Commercial Counsel employer sponsor a green card while I'm on H-1B?
Yes. H-1B allows dual intent, meaning you can pursue an employer-sponsored green card without jeopardizing your nonimmigrant status. For most Commercial Counsel roles, the EB-2 category applies given the advanced degree requirement. Your employer would typically need to complete PERM labor certification before filing the immigrant petition, so the timeline depends on when they initiate that process.
What is the prevailing wage requirement for sponsored Commercial Counsel jobs?
U.S. employers sponsoring a visa must pay at least the prevailing wage, which is what workers in the same role, area, and experience level typically earn. The Department of Labor sets this rate to make sure companies aren't hiring foreign workers simply because they'd accept lower pay than a U.S. worker. It varies by job title, location, and experience. You can look up current prevailing wage rates for any occupation and location using the OFLC Wage Search page.