H-1B Visa Real Estate Attorney Jobs
Real estate attorneys qualify for H-1B visa sponsorship under the specialty occupation standard, which requires a J.D. and state bar admission. Law firms, title companies, REITs, and in-house legal teams at commercial developers all file H-1B petitions for this role, with cap-subject filings opening each April.
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INTRODUCTION
Because a great law firm begins with great people.
At Rivkin Radler, we are always looking for professionals who share our passion for the law and commitment to total client satisfaction. Rivkin Radler has approximately 250 lawyers, with offices in Albany, N.Y.; Hackensack, N.J.; Jacksonville, F.L.; New York City; Poughkeepsie, N.Y.; and Uniondale, N.Y. The firm actively encourages equal opportunity through mentoring, training, professional development, and public service programs.
The firm offers competitive salaries in addition to a comprehensive benefits plan which includes medical and dental insurance, group term life insurance, accidental death and dismemberment insurance, long-term disability insurance, optional term life insurance, flexible spending accounts, Aflac, 401(k), paid time off, referral bonuses and paid holidays.
ROLE AND RESPONSIBILITIES
Rivkin Radler LLP is seeking an attorney with a minimum of 7 years of real estate/commercial litigation experience to join our firm (location is flexible – Uniondale or NYC). Join our dynamic team where high velocity and exceptional standards are the norm. Because we strive for excellence, occasional late nights and weekends may be necessary to meet our clients’ needs and uphold the standard of care expected by both our clients and the Firm. If you thrive in a fast paced environment and are committed to delivering top-notch service, we invite you to apply.
This position offers a significant opportunity for direct client interaction and trials with a growing, diverse client base of well-known NYC landlords and developers.
Responsibilities:
- Drafting motions for summary judgment and motions to compel
- Appearing daily in Landlord-Tenant court to argue motions and try cases
BASIC QUALIFICATIONS
- Experience handling NYC based Landlord-Tenant court appearances and preparing predicate notices, including rent demands, termination notices, notices to cure, non-payment and holdover petitions.
- Experience drafting pleadings in plenary actions for breach of contract/lease/guaranty.
- Experience drafting lease modifications, surrender agreements and other related landlord-tenant agreements.
- Experience providing day to day legal advice and counsel to real estate operators of various asset classes with particular focus on NYC region and general focus throughout the US.
- Landlord/Tenant trial experience a plus.
- NYC based real estate experience preferred (residential and commercial).
- Must be comfortable with managing and timely responding to an intense and significant amount of internal and external email traffic, daily.
- Commercial/construction litigation experience a plus.
COMPENSATION
- Annualized salary range: $175,000 - $275,000
- Actual pay will be adjusted based on experience and other job-related factors permitted by law
Congenial, fast-paced environment, competitive salary and benefits.
Hybrid Hours - Minimum 3 days a week in office, 2 days a week remotely.
Rivkin Radler LLP is an Equal Opportunity Employer (EOE).
This job description is not designed to cover or contain a comprehensive listing of activities, duties or responsibilities that are required of the employee. Duties, responsibilities and activities may change, or new ones may be assigned at any time with or without notice.
To find out how you can join our talented team, email recruiting@rivkin.com.
We are an Equal Opportunity Employer
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Get Access To All JobsTips for Finding H-1B Visa Sponsorship as a Real Estate Attorney
Verify your bar admission meets state requirements
H-1B specialty occupation requires a directly related degree, so your J.D. alone isn't enough. Confirm your bar admission is active in the state where the employer operates, as USCIS scrutinizes license status during adjudication.
Target in-house legal teams at REITs
Publicly traded REITs and large commercial developers maintain in-house counsel departments that file H-1B petitions independently, bypassing the law firm partnership-track timeline. Their legal teams handle acquisition, leasing, and title work year-round.
Search LCA filings by SOC code on Migrate Mate
Filter DOL Labor Condition Application data by the real estate attorney SOC code to surface employers with verified H-1B filing history in this specialty. Migrate Mate surfaces this data by employer and role so you're not guessing who sponsors.
Confirm prevailing wage tier before negotiating offers
Run your target role and metro area through the OFLC Wage Search before accepting an offer. Your offered salary must meet the DOL prevailing wage for the position, and Level I or II placements affect your negotiating floor.
Ask employers about cap-exempt filing options
Some real estate attorneys work for law schools or nonprofits affiliated with higher education institutions, which are cap-exempt employers. If you're between lottery cycles, a cap-exempt placement lets you start without waiting for an October 1 start date.
Prepare your specialty occupation documentation early
USCIS frequently issues RFEs for attorney roles, questioning whether the position always requires a J.D. Build your file with the employer's job description, organization chart, and a memo explaining why a law degree is a baseline requirement for the role.
H-1B Visa Real Estate Attorney: Frequently Asked Questions
Does a real estate attorney role qualify as a specialty occupation for H-1B purposes?
Yes, provided the employer's position description requires a J.D. as a minimum entry requirement, not just a preference. USCIS applies a four-part test, and real estate attorneys generally satisfy it because the work involves legal analysis requiring a law degree. Employers should document why the role cannot be performed by someone without a J.D. to reduce RFE risk.
Which types of employers typically sponsor H-1B visas for real estate attorneys?
AmLaw 100 and regional law firms with real estate practices are the most common sponsors, but in-house legal teams at commercial REITs, title insurance companies, mortgage lenders, and large property developers also file H-1B petitions regularly. Use Migrate Mate to filter employers by verified LCA filing history specific to legal roles so you're targeting companies with a demonstrated sponsorship track record.
Can a real estate attorney change employers without losing H-1B status?
Yes. Under AC21 portability, you can transfer your H-1B to a new employer in a same or similar occupational classification once your petition has been pending for at least 180 days. Your new employer files an H-1B transfer petition, and you can begin working as soon as it's received by USCIS, without waiting for approval.
How does state bar admission affect the H-1B petition for this role?
USCIS expects you to hold an active bar license in the state where you'll be working, or to demonstrate you're actively pursuing one. If your admission is pending, the employer's attorney should address this in the petition cover letter. A suspended or inactive license can trigger an RFE or denial, so confirm your license status before the petition is filed.
What is the prevailing wage requirement for a real estate attorney H-1B petition?
The employer must pay at least the DOL prevailing wage for the attorney occupation in the relevant metro area, determined by the OFLC Wage Search. The wage level assigned reflects your experience and the complexity of duties. USCIS will reject petitions where the offered salary falls below the certified LCA wage, so the offer letter and LCA must be consistent before filing.