Do attorney fees count as evidence in your EB-2 NIW case?

It is worth correcting the premise: in an EB-2 NIW (National Interest Waiver) petition, attorney fees are not something the USCIS evaluates, and paying more for a lawyer does not make the case stronger. What decides the petition is the merit and national importance of your work, not how much you spent on legal counsel.

That does not diminish the value of a good attorney. Their contribution shows up in the quality of the case, not in a payment receipt. Solid legal counsel typically helps to:

• Structure the narrative and organize the evidence of your work.
• Guide the drafting of recommendation letters and petitions.
• Clarify questions about the process and avoid inconsistencies.

Keep receipts and contracts for your own financial records, but do not present them as proof of eligibility: they are not part of the criteria. Focus the petition on demonstrating the impact and relevance of your professional contributions.

Since each case is evaluated individually, it is worth confirming the current criteria with USCIS or with a trusted immigration professional before assembling your petition.

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.