Trial Attorney Jobs in USA with Visa Sponsorship
Trial attorney jobs can be sponsored under the H-1B visa, which requires a specialty occupation tied to your law degree. Employers range from federal agencies to large litigation firms. Because bar admission requirements vary by state, your credentials and jurisdiction matter as much as the offer itself. For detailed occupation requirements, see the O*NET profile.
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INTRODUCTION
The Mental Health Litigation Division (MHLD) of the Committee for Public Counsel Services (CPCS) is seeking a full-time Trial Attorney for civil commitment cases including trials and a limited number of appellate cases for its Roxbury Commitment Unit. This office is responsible for civil commitments filed by Lemuel Shattuck Hospital, Dr. Solomon Carter Fuller Mental Health Center, HRI Hospital in Brookline, and other facilities in the metro-Boston area. This office is currently located at 75 Federal Street, Boston, until the Unit relocates to a permanent office location. This position is eligible for a hybrid work schedule.
We fight for equal justice and human dignity by supporting our clients in achieving their legal and life goals. We zealously advocate for the rights of individuals and promote just public policy to protect the rights of all.
Our Values
Courage • Accountability • Respect • Excellence
DIVERSITY AND INCLUSION MISSION STATEMENT
CPCS is committed to protecting the fundamental constitutional and human rights of our assigned clients through zealous advocacy, community-oriented defense, and the fullness of excellent legal representation. We are dedicated to building and maintaining strong professional relationships, while striving to accept, listen to and respect the diverse circumstances of each client, as we dedicate ourselves to meeting their individual needs. It is our CPCS mission to achieve these goals, and in furtherance thereof, we embrace and endorse diversity, equity and inclusion as our core values as we maintain a steadfast commitment to:
1. Ensure that CPCS management and staff members represent a broad range of human differences and experience;
2. Provide a work climate that is respectful and supports success; and
3. Promote the dignity and well-being of all staff members.
CPCS leadership is responsible for ensuring equity, diversity, and inclusion. The ability to achieve these goals with any level of certainty is ultimately the responsibility of each member of the CPCS community.
AGENCY OVERVIEW
CPCS is the state agency in Massachusetts responsible for providing an attorney when the state or federal constitution or a state statute requires the appointment of an attorney for a person who cannot afford to retain one. The agency provides representation in criminal, delinquency, youthful offender, family regulation, guardianship, mental health, sexually dangerous person, and sex offender registry cases, as well as in appeals and post-conviction and post-judgment proceedings related to those matters.
The clients we represent are diverse across every context imaginable and bring many unique cultural dimensions to the matters we address. This reality creates a critical need for CPCS staff to be culturally competent and able to work well with people of different races, ethnicities, genders and/or sexual orientation identities, abilities, and limited English proficiency, among other protected characteristics.
DIVISION OVERVIEW
The Mental Health Litigation Division (MHLD) provides trial and appellate representation to indigent persons facing commitment to public or private psychiatric facilities, petitions for authorization to administer or terminate "extraordinary" medical treatment, and petitions seeking to impose guardianships, among other types of petitions in which mental health and capacity are at issue. In commitment proceedings, representation is provided either by MHLD staff attorneys or by private attorneys certified by MHLD to accept such assignments. Clients facing guardianship are primarily represented by private counsel.
The Division consists of an administrative office, which is responsible for certification, oversight, and training of panel attorneys, the assignment of commitment cases, and effective administration of the MHLD; an Appellate Unit that trains, certifies, and oversees appellate attorneys and represents individuals in appeals; and four trial offices that represent indigent clients facing involuntary commitment to both public and private psychiatric facilities throughout the Commonwealth and some guardianship proceedings.
The MHLD also trains, collaborates with and assists, youth and adult criminal defense attorneys, and Children and Family Law attorneys regarding mental health issues.
POSITION OVERVIEW
The Mental Health Litigation Division is seeking an experienced, full-time Trial Attorney for civil commitment cases, competency to make informed medical decisions, and substituted judgement determinations, including trials and a limited number of appellate cases for its Roxbury Commitment Unit. The Unit is responsible for civil commitments filed by Lemuel Shattuck Hospital, Dr. Solomon Carter Fuller Mental Health Center, HRI Hospital in Brookline, and other facilities in the metro-Boston area. This office is currently located at 75 Federal Street, Boston, until the Unit relocates to a permanent office location.
The Mental Health Litigation Division is committed to protecting the legal and constitutional rights of citizens facing civil commitment to a psychiatric facility, guardianship petitions, and involuntary treatment orders including the administration of antipsychotic medications. Mental Health Litigation Division Trial Attorneys receive training in issues relating to mental health and the statutory and constitutional rights of our clients.
Mental Health Litigation Division Trial Attorneys provide zealous representation in mental health cases, primarily to indigent persons in proceedings seeking the initial commitment to, continued confinement at, or authorization to treat by psychiatric facilities operated by the Massachusetts Department of Corrections, Department of Mental Health (DMH) and private psychiatric facilities licensed by DMH. Attorneys will appear primarily in District Court sessions conducted at facilities for which the Office is responsible or in Superior Court divisions within the county in which the facilities are located but may be required to represent clients in proceedings emanating from other facilities and conducted in other courts of the Commonwealth. Trial Attorneys may also represent clients in appeals to the Appellate Divisions of the District and Municipal Courts.
Trial Attorneys will be supervised by, and report to, the Attorney in Charge.
Responsibilities
Duties of MHLD Trial Attorneys include, but are not limited to:
- Visiting with and interviewing clients at the facilities;
- Conducting pre-trial investigation and discovery, including obtaining and reviewing facility and other medical and psychiatric records, and interviewing facility staff and other potential witnesses;
- Working extensively with forensic psychiatric, psychological, and other clinicians;
- Locating and interviewing witnesses and consulting with service providers;
- Conducting legal research and writing; and,
- Representing clients in pretrial proceedings, hearings, and interlocutory appeals.
MINIMUM ENTRANCE REQUIREMENTS
- Applicants must be committed to serving a culturally diverse, low-income population and must be eligible to practice law in Massachusetts, either as a member of the Massachusetts bar or as an attorney licensed in another jurisdiction who is covered by Supreme Judicial Court Rule 3:04;
- All Trial Attorney positions require travel; access to reliable transportation throughout the Commonwealth is necessary; and,
- Reliable home internet access sufficient to work remotely.
QUALIFICATIONS/SKILLS
- Trial experience in mental health cases is preferred;
- Strong interpersonal and analytical skills;
- Ability to work in a community and defense-oriented capacity, both independently and collaboratively; and,
- Foreign language skills to support interaction with limited English proficient groups in the region are desirable.
To apply, please submit a resume, a cover letter detailing your interest in the position, and a legal writing sample.
EEO Statement
The Committee for Public Counsel Services (CPCS) is an equal opportunity employer and does not discriminate on the basis of race, color, national origin, ethnicity, sex, disability, religion, age, veteran or military status, genetic information, gender identity, or sexual orientation as required by Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and other applicable federal and state statutes and organizational policies. Applicants who have questions about equal employment opportunity or who need reasonable accommodations can contact the Chief Human Resources Officer, Sandra DeBow-Huang, at sdebow@publiccounsel.net
LOCATION
Location: United States-Massachusetts-Boston - 75 Federal Street
JOB
Job: Legal Services
AGENCY
Agency: Committee for Pub Counsel Srvc
SCHEDULE
Schedule: Full-time
SHIFT
Shift: Day
JOB POSTING
Job Posting: Nov 6, 2026, 8:03:46 PM
NUMBER OF OPENINGS
Number of Openings: 1
SALARY
Salary: 80,598.00 - 146,988.00 Yearly
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Get Access To All JobsTips for Finding Visa Sponsorship as a Trial Attorney
Verify your bar admission transfers across states
Some employers sponsor H-1B petitions for a specific state jurisdiction. Confirm whether the role requires local bar membership before applying, since USCIS will expect the LCA and job duties to match the actual work location.
Document your foreign law degree equivalency early
If you earned your law degree outside the U.S., get a credential evaluation from a recognized body before job searching. USCIS scrutinizes foreign degree equivalency for specialty occupation claims, and gaps in this documentation are a common RFE trigger.
Target federal and state agencies that sponsor attorneys
Federal agencies like the Department of Justice and state attorney general offices regularly sponsor H-1B petitions for trial attorneys. These employers are cap-exempt or have established sponsorship pipelines, which reduces lottery risk and processing uncertainty.
Search Migrate Mate for verified litigation employer filings
Use Migrate Mate to find employers with confirmed LCA filing history for attorney roles. This cuts out firms that list legal positions but have never filed for a sponsored candidate, saving you weeks of outreach to dead ends.
Align your offer letter language with the LCA job duties
Your employer's LCA must describe trial attorney duties specifically, not generic legal work. Ask your hiring contact to confirm the job description submitted to DOL matches the actual courtroom and litigation responsibilities you'll perform, before the petition is filed.
Use the OFLC Wage Search to benchmark your offered salary
Trial attorney prevailing wages vary significantly by metro area and experience level. Run the OFLC Wage Search for your specific work location before accepting an offer, so you can flag any wage violations before the LCA is submitted to DOL.
Frequently Asked Questions
Does a trial attorney role qualify as a specialty occupation for H-1B purposes?
Yes, trial attorney positions typically qualify as a specialty occupation because the role normally requires at minimum a Juris Doctor degree in a specific field of law. USCIS expects the job duties to be directly tied to that legal education. Generic titles like 'legal consultant' receive more scrutiny, but roles with specific litigation duties and a J.D. requirement generally satisfy the specialty occupation standard.
Can I work as a trial attorney on STEM OPT or regular OPT?
Regular OPT is available if the role relates to your field of study. Law is not a STEM-designated field, so STEM OPT extension does not apply to trial attorney positions. If your underlying degree is in a STEM field and you're in a hybrid legal-technical role, the connection to your degree must be direct and defensible to your Designated School Official.
Do law firms or government agencies sponsor more trial attorneys?
Both sponsor, but they operate differently. Large litigation firms often file H-1B visa petitions and are subject to the annual cap and lottery. Many federal and state government entities are cap-exempt, meaning sponsored attorneys can start without waiting for the next fiscal year. Use Migrate Mate to identify which employers have active LCA filing history for attorney roles in your target market.
What happens if I need to pass the bar exam after my H-1B is filed?
USCIS allows the petition to be filed if you meet all other specialty occupation requirements, but your employer should disclose the pending bar admission status accurately. Some employers file for a 'law clerk' or 'associate attorney' role initially, then adjust duties and title once you're admitted. The LCA must reflect your actual job duties at the time of filing, not anticipated duties.
Is it harder to get H-1B sponsorship as a trial attorney than in other fields?
The specialty occupation standard for law is well-established, so the legal theory of your petition is not the weak point. The practical difficulty is employer willingness. Many small and mid-size firms are unfamiliar with the H-1B process or assume attorney sponsorship is prohibitively complex. Targeting employers with demonstrated sponsorship history, as shown through DOL LCA disclosure data, dramatically improves your odds of finding a willing sponsor.
What is the prevailing wage requirement for sponsored Trial Attorney 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.