After receiving an approved I-140, can I change attorneys?

Yes. Even after the I-140 is approved in the EB-2 NIW process, you can change attorneys if you feel it is necessary. The change in representation does not invalidate the approval already obtained; what matters is making the transition correctly.

In practice, the new attorney typically submits to USCIS the document that formalizes legal representation, signaling to the agency who will now be handling the case. From that point, communications and notifications are directed to the new professional, and the process continues its course.

• The change does not void the already approved I-140.
• The new attorney formalizes the representation with USCIS.
• Communications will be directed to the new representative.

When choosing a new professional or firm, verify proven experience in immigration law and be wary of promises of quick or guaranteed outcomes. If in doubt about the procedure, it is worth reviewing the official guidance from USCIS before formalizing the change.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.