EB1A Self-Petition vs. Attorney: Do You Need an Attorney for Your EB1A Petition?
One of the significant advantages of an EB1A green card is the ability to self-petition for your green card application. In such a scenario, you can personally prepare the entire EB1A case and submit your petition to USCIS. However, many individuals opt for an attorney for their EB1A case.
In this blog, we have discussed EB1A self-petition vs. attorney filing, highlighting which option offers more benefits for your case. We have also provided insights into strategies for selecting the right attorneys.
EB1A Self-Petition vs. Attorney: Which is Better?
Firstly, EB1A allows you to self-petition your application without the need for an attorney or employer sponsorship. However, we recommend that you consider hiring an attorney to file your EB1A case to ensure that everything is handled with precision.
How Can You Select the Right Attorney for EB1A?
Many individuals often make significant mistakes when selecting a lawyer for their EB1A case by pursuing those who claim to be EB1A experts. However, it is crucial to consider certain nuances. Most attorneys specialize in handling EB1A cases in arts, sports, and other specific areas, which does not guarantee expertise in handling cases in your field.
That being said, EB1A visa requirements are more of an art than science. You need to convince the USCIS officer that you possess extraordinary ability through extensive documentation. Here are certain questions you need to ask before choosing your lawyer for EB1A:
- Request information on their historical EB1A approval rates and inquire about the professional fields in which the approved individuals have been involved.
- Ask about the process involved in preparing your case and be clear about the timeline required for each step.
- Enquire about the promptness and the person responsible for responding to your queries.
- Will the attorney be willing to offer an honest evaluation of your case?
- Clearly understand the legal fees, services included, and payment plans.
- Check whether services such as RFE assistance, drafting a Letter of Recommendation, and Form I-485 filing are available in their offerings.
How Does the Smart Green Card Program Differ from a Law Firm?
If you choose an EB1A lawyer, they will evaluate your profile to determine your eligibility for the EB1A category. If you meet the EB1A requirements, they will prepare a case for you; if not, they will suggest alternative green card options that align with your profile. Despite the ongoing debate regarding EB1A self-petition vs. attorney, here is how the Smart Green Card Program (SGC) assists in your EB1A case:
If you do not initially possess an EB1A-eligible profile, the Smart Green Card Program helps you construct a compelling EB1A profile. That being said, if you have been working in the tech industry for a significant period, you likely possess expertise in a specific area. We leverage that expertise to assist you in building a profile that qualifies for the EB1A category.
Once your EB1A profile is 75% completed, we recommend attorneys tailored to your case for legal guidance.
Can You Still Succeed in the EB1A Case If Your Employer’s Attorney Rejects Your Case?
In general, EB1A requires individual attention and a less templated or standardized process compared to other visa categories. Thus, EB1A needs direct assistance from attorneys themselves rather than their paralegal teams. Although attorneys charge higher fees for EB1A, at some point, it reduces their profit margin. This factor often leads most employer attorneys to assert that you won’t qualify for EB1A green card.
However, 50% or more of people have successfully build their EB1A profiles and obtained approval even after their employer attorneys initially rejected their cases for EB1A.
Is the Smart Green Card Program Equipped with In-house Attorneys?
No, we do not have in-house attorneys, and we are not a law firm. However, once your EB1A profile is ready for filing, we connect you with EB1A lawyers who have been pre-vetted by us, if you wish.
Most of our Smart Green Card clients are from the tech or business fields. Therefore, we have pre-vetted attorneys with a proven track record in handling EB1A cases in those fields, and they have also demonstrated their expertise to our clients.
Furthermore, through the Smart Green Card VIP plan, we suggest the majority of our clients to the attorneys we have thoroughly vetted in advance. Consequently, when you engage with an EB1A lawyer via SGC, you can take advantage of exclusive discounts on EB1A lawyer fees.
Conclusion
EB1A offers a self-petition option for your application. That being said, some individuals we know have successfully prepared their own EB1A cases. However, in general, if you are deciding between an EB1A self-petition vs. attorney, we recommend choosing an attorney to ensure that everything is legally sound.
Without proper guidance and support, the preparation of an EB1A petition can be a time-consuming process, increasing the risk of overlooking USCIS requirements when collecting evidence. In the Smart Green Card VIP plan, we ensure that our SGC members gather strong evidence tailored to their case, helping them meet at least 6 EB1A criteria and satisfy the final merits determination phase.
If you require support, from identifying your area of expertise to collecting robust evidence for obtaining your EB1A green card, consider exploring our Smart Green Card VIP plan.
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