How can you document that attorney fees were relevant to building your EB-2 NIW case file?

First, it helps to clear up a common misconception: attorney fees are not a requirement of the EB-2 NIW, nor are they something the USCIS reviews when deciding to approve or deny a petition. Hiring an attorney is a support choice, not a process requirement.

What the petition must demonstrate is the merit and national importance of your work, along with your readiness to carry it out. Legal advisory costs do not factor into that assessment and do not need to be proven to the authority.

That said, keeping records of any legal assistance you retained is useful for your own tracking and organization. If you want to document that investment, consider saving:

• The service agreement, including the agreed scope of work.
• Receipts and payment confirmations for attorney fees.
• Collaboration records, such as emails, meeting notes, and versions of prepared documents.

This material helps you monitor the service received, but it does not replace the merit evidence that supports the case. To understand what actually makes up a petition, consult the official USCIS guidelines and, if possible, a trusted immigration professional.

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.