For an NIW (National Interest Waiver) application, a good attorney is defined not just by their success rate, but by their transparency, strategic handling of evidence, and reasonable fee structure. Based on the sources, a good attorney should act as a collaborative partner who provides a clear roadmap while allowing the client to review and verify every part of the legal argument.
Below are the specific characteristics that define a high-quality NIW attorney:
1. Transparency and Collaboration
A critical trait of a good lawyer is the willingness to share the petition letter with the client.
• Avoid “Trade Secret” Excuses: You should avoid attorneys who refuse to show you the petition letter by claiming it is a “trade secret”.
• Client Review: A good attorney ensures that the client can review and request edits to the petition and other supporting documents before submission.
• Full Disclosure: They should provide copies of all submitted documents for the client’s records, which is essential for preparing for later stages like the embassy interview.
2. Strategic Evidence Management
NIW cases often hinge on how professional achievements are presented. A good lawyer provides a focused strategy:
• Objective Evidence Focus: Many top-tier firms, such as the Chen Immigration Law Group, prioritize objective evidence like publications, citations, and patents over subjective industry experience to minimize the risk of a Request for Evidence (RFE).
• Recommender Selection: They help identify the best “independent” recommenders—ideally those who have cited your work but do not know you personally—to strengthen the case.
• Realistic Assessment: They should be honest about the limitations of your profile. For instance, some firms may refuse to include industry experience if it lacks 추적(tracking) through public records, preferring to focus on high-impact research instead.
3. Transparent Pricing and Refund Policies
The cost of an NIW application varies significantly, and a good lawyer offers a fair and clear fee structure.
• Competitive Fees: US-based firms often charge between $5,000 and $6,000 for the I-140 stage, whereas Korea-based firms may charge $15,000 to $20,000 for a full package.
• Refund Guarantees: Reputable firms often provide a 100% refund policy if the case is not approved, though this may depend on the strength of the applicant’s profile (e.g., those with fewer recent publications might be offered a “Regular Service” with free re-filing instead).
4. Administrative Integrity
A good attorney strictly follows legal representation protocols:
• G-28 Form: They must sign the G-28 form, officially notifying the government that they are your legal representative.
• Active Involvement: They must actually write the petition letter rather than just submitting forms and raw evidence.
Summary of Attorney Types
| Attribute | US-based Group (e.g., Chen) | US-based Korean Attorney | Korea-based Attorney |
|---|---|---|---|
| I-140 Cost | ~$5,000 | ~$6,000 | $15,000 – $20,000 |
| Refund Policy | Often 100% | Partial or No Refund | Often Full Refund |
| Service Scope | Usually I-140 only | Usually I-140 only | Full process (incl. DS-260) |
Pro-Tip: Even with a good attorney, you should remain actively involved. Attorneys can make mistakes or provide inaccurate assessments, so it is vital to verify official information yourself throughout the process
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