Published by Mei in General | Updated 2024
Most people that connect with us through this website successfully got their visa and didn’t use an attorney. Read our [Submitting without an Attorney info here.]
If you are self petitioning and don’t feel confident in arguing your own case, of course, hire an experienced attorney.
If you self filed your own EB-1 Green Card or O visa and received a Request for Further Evidence (RFE) and you believe you would benefit from legal counsel then hire the most knowledgeable, most trustworthy, lawyer you can afford.
These visas are complex, and it is important to seek the assistance of a knowledgeable and experienced immigration attorney or use a quality guide before applying unless you have access to a friends application that is comparable to yours. An immigration attorney can help you assess your eligibility, provide guidance on the application process, and assist with any legal or administrative issues that may arise during the visa process.
By working with a knowledgeable immigration attorney, you can increase your chances of success and ensure that your visa application is handled efficiently and effectively.
What an attorney offers you is peace of mind. Most are experienced in how the USCIS interpret the criteria. They have gone through it all before many times taking much of the stress and pressure off your hands.
Of course, they charge a fee for this service, which may or may not be a factor in deciding how you proceed. You may have a company paying for your visa, so, of course, find the best attorney within their budget. If you are being brought over by a film studio, or a pharmacological company, etc they may have an in-house attorney that will handle your case.
Preparation: Before phone calling understand what the requirements are of the visa. Have your specific questions ready as this is a legal advice call. Do not waste it.
Shop Around
First call the larger companies. *Then call the attorneys that have been recommended to you that have worked on these particular visas IN YOUR FIELD. This is a very specialized visa process not all immigration lawyers have this skillset. If going on a recommendation ask your connection what they liked about their attorney what they didn’t and what their attorney expected of them as a client. Extraordinary visas are not the same as marriage visas – they are specialized and so need an attorney familiar with them. You will be surprised by how different fees can be.
*Please be aware that some that recommend attorneys may get paid a commission or referral kick-back.
Legitimate Attorney
Check with the state bar association to verify that the attorney is eligible to practice in, and is a member in good standing of the bar in any U.S. state, possession, territory or commonwealth, or the District of Columbia. Confirm you are speaking with an attorney not a paralegal.
Ask what their success rate it in your specific visa. Not all are experts in extraordinary ability visas.
Ask if they will be preparing your case or a paralegal. If they are using a paralegal insist that you get their contact information and that you are sent your petition letter when they have completed it and will have the opportunity to discuss your petition letter before it is submitted. You are responsible for all forms and evidence submitted on your behalf. Most applicants that were denied did not read their petition letter before it was submitted by their attorney. The errors where ridiculous. Some were denied and accused of fraud by the USCIS. Please take responsibility for your application.
Ask if they have another attorney that can perform a ‘case review’. Having a second set of eyes never hurts an application.
Fees
Ask if they offer a free consultation. You can do this at first by email. Be aware that not all lawyers will take your case. Some will ask for a consultation fee of $150 to $300 to evaluate your petition to then deny you. If they require a consultation cost most will absorb that fee if you hire them.
Attorney costs vary – they may not include the USCIS application fees. Many of the bigger companies run a ‘no win – no fee’ also known as a conditional fee arrangement. Others offer a ‘pay half to secure now and pay rest when successful’ policies. This will help you financially if you need to re-file. Also do ask about a ‘money back guarantee’. An attorney may convince you that your case is not strong enough, even after you have provided all the evidence to the contrary. Their contract may stipulate that that they give no guarantee to the successful outcome or length of time the case will take. This is why a conditional fee arrangement is beneficial.
You may need to pay a ‘retainer fee’ this is a percentage up-front fee of the total flat rate in order to officially hire the attorney.
Know what service they will provide for you before you pay your retainer. Confirm that their fee includes writing of the petition letter (an artist hired an attorney, paid upfront to then find out the artist was responsible for writing their own petition letter!), application fees, printing & postage and copies of your application. Ask if there will be any hidden charges down the line. What if you receive an RFE(Request for Evidence), or an NOID(Notice of Intent to Deny), are the responses included? Many will charge a PER HOUR fee for these eventualities so please ask before you hire them. If you are bringing your family some attorneys charge extra of this. Know upfront and negotiate.
If the money is tight negotiate the fee. If there is no budging on price then ask for a payment plan.
Ask if they have another attorney that can perform a ‘case review’. Having a second set of eyes can only benefit your application.
Some applicants are unhappy with their attorneys petition letter or they have prepared their own petition letter, ask the attorney if they would be willing to read over your petition letter and what fee would they would charge for that.
Non-Attorney
If working with a non-attorney, verify whether the individual is an accredited representative of an organization recognized by the Board of Immigration Appeals(BIA).
Preferred Method of Contact
If you are unsure whether your immigration service provider is giving trustworthy advice, please get a second opinion. When doing so, always go to the most experienced licensed attorney or BIA-accredited representative.
Each attorney has a preferred method of contact. There is nothing worse than not having phone calls answered – establishing when and how often they like to be contacted is important. You should not badger them. It is a complex application so messaging every morning after you delivered your evidence on Friday is not cool. Also be mindful if on a different time zone. Don’t be rude. Don’t imagine you are their only client!
Visa Strategy
You may be on an HB-1, a J1, OPT, this may be your first visa. You need to consider if you can/should go straight for your Green Card or try for the O visa first. There are many reasons why a more temporary visa might be better for you right now.
Establish a Timeline
Once the contract has been signed and the payment has been made to the lawyer, you relinquish control to the lawyer, sacrificing how fast the visa application will be processed. Knowing upfront once you send them your evidence how long they expect the petition letter ready to be reviewed is smart.
Understand What They Need From You
Your attorney will normally mail you lists of information that they require from you for the application. They usually email you a couple of sample Letter of Recommendation to follow and a “To-Get List”. Their lists may not be as comprehensive as our site so bookmark us.
When you collate your information you will message ‘your evidence’ to your attorney and they will write your petition cover letter for you, based on all the documents and reference letters that you provide.
Form G-1145
When filing on your behalf insist that they file the Form G-1145 | E-Notification of Application/Petition Acceptance so that you will receive electronic reports on your case. Also sign up to the USCIS website.
You should receive your Receipt Number from your attorney. This will allow you to use the Checking Case Status on the USCIS website.
NOTE
Please read your petition letter before the office submits it. This is your life, take responsibility for it. You must make sure that you are properly represented by this letter so that when you file you file without a doubt. Some attorneys are still using outdated interpretations of the criteria. Double check the petition letter follows the interpretations on our site. [Read Rejection ARTS, ATHLETE, EDUCATION, BUSINESS, SCIENCES]
HORROR STORY: We heard of an actor who paid a Las Vegas attorney upfront $12,000 for her Green Card application – four months later she still hadn’t heard a response from her. She represented herself in court to have her disbarred! She hasn’t received her fee back so is now forced to file her own case.
HORROR STORY: So many applicants received an RFE to discover that the attorney response was thousands of dollars extra. Be smart and ask upfront.
WARNING – You have probably noticed that some attorney firms have successful clients full names and photos on their online sales pages and posted on their social media. Do not allow any attorneys exploit you in this way. You do not wish for future employers or the press to search your name and find your attorneys website especially if you are an artist or a public figure. When you hire an attorney that is known to do this have it in writing that they do not have your permission to use your personal information/photo to advertise their services unless, of course, it is in lieu of a discount.
There’s no guarantee either way, the deciding factor is your career, not who prepared your application. Read our site to understand how you can show your career as extraordinary, word your recommendation letters and garner evidence to present to your attorney so they can best word your petition letter.
The attorney told me I don’t qualify! You need to read this.
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All articles are written from our experiences and the experiences of our colleagues. These are fantastic visas and we wish to empower others in applying. This information is for general guidance only and shouldn’t be considered legal advice.
If you have any questions or encounter any issues that we have left out let us know – it is important that others are aware. Email here!