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How to respond to an RFE questioning attorney fees in an EB-2 NIW petition?

If an RFE questions attorney fees in an EB-2 NIW petition, respond with clear documentation: a fee agreement, receipts, and communications that show transparent amounts consistent with the services provided.

Written by

Victoria Harper

Editor-in-Chief

Updated on July 10, 2026
1 min read
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When an RFE (Request for Evidence) questions attorney fees in an EB-2 NIW petition, the goal of the response is straightforward: demonstrate, with documentation, that the amounts were agreed upon transparently and correspond to the services actually provided. It is not a sign the case is lost, but rather a request for clarity.

A solid response typically includes:

  • The fee agreement signed with the attorney, which formalizes what was arranged.
  • Payment records, such as receipts and statements, consistent with the agreement.
  • Relevant communications that detail the nature of the services and the amounts charged.

Organize the response logically: explain that the fees were agreed upon under a formal contractual arrangement, attach the supporting documents, and highlight the consistency between what was agreed and what was paid. The tone should be objective and professional, responding directly to what USCIS flagged, leaving no room for doubt about the integrity of the process.

Since requirements may change, it is worth confirming updated guidance from the official source (USCIS) and relying on a trusted professional to review the documentation before submitting.

Learn more about EB-2 NIW

Category
EB-2 NIW Green Card
Self-petition
Allowed (no sponsor needed)
PERM
Waived
Processing
12-36 months
All about EB-2 NIW

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.

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How to respond to an RFE questioning attorney fees in an EB-2 NIW petition?

If an RFE questions attorney fees in an EB-2 NIW petition, respond with clear documentation: a fee agreement, receipts, and communications that show transparent amounts consistent with the services provided.

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