US O1/EB1/EB2 talent visa: attorney agreement

What Your Attorney Agreement Should Include

A good contract covers not just the amount but also the scope of work. Make sure the text clearly describes:

• Scope of services: which visa category the attorney is handling (O-1, EB-1, EB-2), whether they will prepare the petition from start to finish or just review yours.
• Division of responsibilities: which documents and letters you prepare, and which ones are done by the attorney.
• Fees and payment schedule: flat fee or hourly rate, payment timeline.
• What is included in the legal fee and what is paid separately.
• Terms for terminating the agreement on both sides and the refund procedure.
• What happens in case of a USCIS denial or if additional evidence (RFE) is requested.

Those who have already gone through the process admit that, in hindsight, they would include much more in the contract:

Knowing what I do now, I would include a lot more in the contract, but I think most attorneys would not agree to those terms.

What Is and Is Not Included in the Fee

The attorney's fee (legal fees) and USCIS government filing fees are separate amounts. Ask in advance what is covered by the contract amount.

• Attorney fees usually do not cover: USCIS government filing fees, premium processing fees, document translations, services for collecting recommendation letters, or expert opinions.
• A separate fee may be required for responding to an RFE, refiling after a denial, or handling multiple visa categories at once.
• Clarify how many rounds of petition revisions are included in the price and whether major revisions require additional payment.

Be prepared from the start that there is no guarantee of success and the total cost with filing fees will be significant:

Attorneys make it clear that outcomes are not guaranteed. And of course with all the filing fees, the total can be quite substantial. You can write the case yourself, but only if you are ready to spend days and weeks on it.

Timelines and Responsibilities of Both Parties

• Petition preparation deadlines: when you provide your materials and when the attorney files the documents.
• Your responsibilities: provide accurate information, documents, and evidence on time.
• Attorney's responsibilities: preparation and review of the petition, representing your interests before USCIS within the scope of the agreement.
• Communication protocol: how and when each party will respond to each other's requests.

Discuss in advance what will be considered a delay on your part and what will be considered a delay on your lawyer's part to avoid conflicts or termination later. Usually, contracts describe your delays in detail, but do not specify the firm's deadlines.

Specifically, whether the deadlines on the lawyer's side are written down (in my contract it only says they are not responsible for delays not caused by them, but nothing is said about their own deadlines), and also that I would get the petition draft for revision was only agreed verbally, it isn't in the contract at all.

It is worth including in the contract the procedure for handing over your case file and the process for forwarding government letters to you.

From my experience, I will now advise all my friends to customize any agreement with lawyers to include a procedure for transferring the case materials to the client.

What to Pay Attention To

The most sensitive point is the firm's right to terminate the relationship. This is often worded as broadly as possible. Here is a typical example:

Right to Terminate Representation: The Firm reserves the right to withdraw from representing you in the event that you engage in any conduct that the Firm decides would make it improper, illegal, impractical, inappropriate, and/or unethical to continue the representation under this Engagement Letter. This does not limit the Firm's or your ethical obligations with respect to the attorney-client relationship.

This means that if a lawyer finds your behavior unethical, they have the right to terminate the contract. Such a broad definition can be applied to many situations.

For example, if you publicly talked about working with this lawyer and expressed dissatisfaction, the lawyer could learn about this and decide that you do not trust them and are behaving unethically and terminate representation for that reason. Or if your comments and suggestions on the petition are seen as demonstrating a lack of trust.

Refunds upon denial are a matter of negotiation, not a standard option. According to community feedback, a refund is usually included only when the firm itself has assessed the case as strong enough and asked you to improve it before filing.

This happened to me: if I go forward with what I have, they can take the case, but there would be no refund. If we agree and sign that I will improve the materials and I do so, there will be a refund in case of denial.

At the same time, the attorney-client relationship is governed not only by the contract but also by professional conduct rules at both the federal and state level. A community member notes what standards you can refer to:

There are, roughly, federal rules that deal with ethics ... Then there are state rules, so you need to check the lawyer's jurisdiction.

You should also be wary if the contract:

• Says nothing about refunds if you terminate the agreement.
• States termination terms for one side only - the attorney.
• Describes the scope of services vaguely, without a clear list of specific tasks.
• Guarantees a result (visa approval) - a reputable attorney never does this.

Conclusions

1. All agreements must be in the contract, not just verbal.
2. Separate the attorney's fee from USCIS government fees - clarify what is included in the total.
3. Find out in advance the full list of possible extra charges, including answering an RFE and refiling.
4. Most important - the clause about the attorney's right to terminate the contract. Broad wording about "unethical behavior" lets them end the relationship without refunding your money.
5. Clarify refund conditions and make sure they are symmetrical for both sides.

Frequently Asked Questions

Related Materials

Related materials - Prepare and file

• What Makes Up an O-1, EB-1, and EB-2 NIW Petition
• Examples of O-1, EB-1, EB-2 NIW Petitions from Open Sources
• Self-check for an O-1 or EB-1A petition: the RFE checklist
• O-1 Petitioners and Employers: Who Can File?
• O-1 Agent Petition: What It Is and Who Needs It
• Letters of Intent and Documents for the O-1 Agent Model
• Filing an O-1/EB-1/EB-2 petition inside the U.S. or abroad
• Attorney for US O-1/EB-1/EB-2 NIW talent visa: needed?
• Services and contractors for O-1, EB-1 and NIW petitions
• Talent Visa Services Marketplace
• How to Check an Attorney's License Through the State Bar
• Printing and mailing an O-1/EB-1/EB-2 NIW petition
• Signatures on USCIS forms from 10 July 2026: what is valid
• Paying USCIS fees: checks, cards, and common mistakes
• What goes into the evidence packet
• What the whole path costs

All articles in «Prepare and file»

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From community discussions

• «You can't file on your own behalf if you're the sole founder of the company. Your own company has to be the one filing for you.»

  community member · from public community chats

• «If you're the founder yourself and there's basically nobody else in the company, you need to at least set up a board of directors that has the authority to hire or fire you, that is, so your employer is distinct from you.»

  Eugene · from public community chats

• «That's what I did. My cofounder is my nephew and of course he couldn't care less what I do. You can be/live anywhere and register a company here. And yes, that's the whole catch, your cofounder has to have the ability to fire you, otherwise your position is sort of not genuinely an employee one.»

  community member · from public community chats

Personal opinions of community members from public discussions, not legal advice.

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