Most applicants pick their immigration attorney the way they pick a restaurant: reviews, price, and gut feel. The stakes are wildly different. The attorney you choose shapes the petition, the response to any RFE, the timeline, and the outcome. This is a five-year decision made in a thirty-minute call.

A good attorney significantly raises your odds. A wrong one lowers them, and you may not know until the denial arrives.

Choosing Your Immigration Attorney: What to Ask Before You Sign

Ask about their EB1A-specific record

General immigration experience is not the same as EB1A experience. Ask:

• How many EB1A petitions have you filed in the last two years?
• What is your approval rate for EB1A, specifically not overall?
• Which criteria do you tend to build around, and why?
• How do you handle Final Merits Determination arguments now that USCIS has shifted its adjudication strategy?

Ask about the actual work

You are hiring the person who writes the petition or you are not. Clarify who drafts. Some firms use associates or paralegals with light partner review. That is not always bad, but you should know before you sign. Ask to see a redacted sample petition letter from a recent approved case. If they will not share one, that is a signal.

Ask about strategy, not just execution

Strong attorneys will push back on your framing. They will suggest cutting weak criteria. They will tell you when to wait rather than file. If your consultation is all reassurance and no strategy “yes, you qualify, let’s file”  you are probably being sold, not advised. The best attorneys will occasionally tell you not to hire them yet.

Red flags

Flat guarantees of approval. Aggressive discounts to close in the same call. Vague answers about the RFE-response process. No willingness to walk you through case examples. Petition drafts that read like templates. Contingency structures that create incentives to file weak cases quickly. If several of these appear, keep looking.

Bottom line: The attorney choice compounds for five years and often longer. Interview three, ask hard questions, and pick the one who pushes back not the one who says yes fastest.

FIVE QUESTIONS TO ASK EVERY ATTORNEY YOU CONSIDER

• How many EB1A cases have you filed in the past two years, and what is your approval rate?
• Who actually drafts the petition, and can I see a redacted sample?
• Which of my proposed criteria would you cut, and why?
• How do you approach the Final Merits Determination in current cases?
• What is your response process if we receive an RFE?

FROM THE BLOG

▸  EB1A Self Petition: How to Apply Without Employer Sponsorship

Understanding self-petition helps you evaluate attorneys.

▸  EB1A Visa: 7 Critical Mistakes That Lead to Rejection

Mistakes worth flagging in your attorney interview.

YOUR NEXT STEP

Interviewing attorneys and want a second opinion? Book a free 30-minute consultation and we will help you evaluate your options.

EB1A — Your Path to a U.S. Green Card

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Disclaimer: The information in this newsletter is for educational and informational purposes only. It is not legal advice and does not create an attorney–client relationship. Immigration outcomes depend on individual case details. Consult a qualified immigration attorney for guidance specific to your situation.