Are attorney fees evaluated in the EB-2 NIW petition?

It is worth clarifying a key premise: in the EB-2 NIW, USCIS does not evaluate how you spent on attorney fees. The way you hire and pay a lawyer is a private arrangement between the parties involved, not an item that the immigration authority reviews when deciding your case.

What matters in the analysis is the merit of your work and the strength of the national interest evidence, not the amount invested in legal services. That said, keeping your finances organized is a sound personal practice:

• Keep contracts, receipts, and invoices for the services you retained.
• Ask your attorney for a clear breakdown of the work performed and how the fees were calculated.
• Keep the documentation accessible in case you need it for your own records.

This organization helps you track the process with transparency, but it does not replace what truly matters: a case built around the value of your work. To focus your efforts in the right direction, it is worth reviewing the updated guidance from USCIS and working with qualified legal support.

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.