How to respond to an RFE questioning legal fees in the EB‑2 NIW process?

When USCIS requests additional information through an RFE (Request for Evidence) in an EB‑2 NIW case, it is crucial to provide a clear and well-documented response, especially when the issue concerns legal fees.

Although this situation may raise doubts, it is important to understand that the United States government expects sufficient information to confirm the regularity of the process and how payments were managed. First, gather all documentation that proves the fee agreements between you and the attorney responsible for your case. This may include contracts, receipts, payment statements, and any communications detailing the nature of the services provided and the respective amounts charged.

The goal is to demonstrate that the fees were charged transparently and in accordance with the services actually rendered, without any irregular or incompatible relationship with industry standards. In your response to the RFE, organize the information clearly and logically. Begin by explaining that the legal fees were previously agreed upon through a formal contractual structure. Then, attach supporting documents emphasizing the consistency between what was agreed and the payments made.

If possible, provide a brief explanation of how these amounts fit within the legislative and regulatory standards of the United States, reinforcing that all procedures strictly follow current immigration law. When preparing your response, it is essential to highlight that compliance with United States immigration laws and regulations is a priority. Make sure all information provided complies with USCIS requirements, avoiding ambiguous interpretations or information that might raise doubts about the integrity of the process.

It is also advisable to have support from immigration professionals who can help review your documentation and indicate which points need more clarity, always avoiding promises of guarantees or specific results. Finally, maintain an objective and professional tone in your response to the RFE. Remember that every detail may be relevant to demonstrate the legitimacy of your payments and the transparency of the contractual relationship with the attorney.

In this way, you will be contributing to the USCIS evaluating your case based on complete and precise information, as required by United States immigration laws.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.