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Frequently asked questions
How much does a US immigration lawyer cost?
There is no fixed fee, because what you pay depends on the service and the complexity of your case. A single consultation or strategy call to assess eligibility (for example, for an EB1A or EB2 NIW petition) is priced per session, while full petition drafting and filing is usually a flat project fee that costs far more. Charges also vary widely between US-based firms and India-based advisors, so always confirm upfront whether you are paying for advice only, document review, or end-to-end filing support.
What is the work of an immigration lawyer?
An immigration lawyer evaluates your profile, recommends the right visa or green card category, prepares and files petitions with USCIS, responds to Requests for Evidence (RFEs), and guides you through consular processing or adjustment of status. In the employment-based space, their biggest value is category selection — deciding whether your profile is stronger for EB1A, EB2 NIW, or another route — because the wrong choice can waste years.
How do I find reliable US immigration lawyers in India?
Look for someone who specializes in your specific route — for example, employment-based green cards like EB1A and EB2 NIW — rather than a generalist. Check their credentials, petition experience, and client reviews, and start with a short consultation call to see whether they give clear, practical guidance instead of generic talk. Since consultations commonly happen over video calls, you are not restricted to lawyers in your own city.
Do I need a US immigration lawyer near me, or can I consult online from India?
You do not need someone in your city. US immigration law is federal, so the advice is the same regardless of where the professional sits, and most eligibility assessments for people in India now happen through online consultations. A "US immigration lawyer near me" search is still useful for verifying local options, but expertise in your exact visa category matters far more than physical proximity.
Is a US immigration lawyer free consultation enough to plan my case?
Usually not. Free consultations are typically short screening calls where the lawyer checks whether your case is a fit at all, while the real substance — eligibility analysis, category selection, and a step-by-step roadmap — comes in a paid session. This matters most when your profile is borderline, such as deciding between EB1A and EB2 NIW, where a focused paid strategy call gives you a decision-ready answer and free calls mainly help you judge communication style.
What is an EB2 NIW visa in the USA?
The EB2 NIW (National Interest Waiver) is a route within the EB2 employment-based green card category in the USA. It waives the usual requirements of a permanent job offer and labor certification if you can show that your proposed work has substantial merit and national importance and that you are well positioned to carry it out. This means you can self-petition — no US employer sponsor is needed.
What are the EB2 NIW visa requirements?
You first need to qualify for EB2 itself, which generally means holding an advanced degree (or a bachelor's degree plus progressive work experience) or demonstrating exceptional ability in sciences, business, or the arts. On top of that, you must satisfy the National Interest Waiver test: prove your proposed endeavor has substantial merit and national importance, show you are well positioned to advance it, and establish that waiving the job-offer requirement benefits the US. Degrees, experience letters, publications, citations, and strong recommendation letters carry the case.
How to apply for an EB2 NIW visa?
You apply by filing Form I-140 with USCIS as a self-petitioner — no employer signature is required. The usual sequence is: build your evidence pack (degrees, achievements, recommendation letters, proof of the impact of your work), file the I-140 with a persuasive petition letter, optionally use premium processing to speed up the decision, and after approval wait for your priority date to become current in the Visa Bulletin before completing consular processing or adjustment of status.
Is the EB2 NIW visa a good option for Indians?
Yes for eligibility, but plan around the waiting period. The EB2 NIW visa for Indians removes the employer-sponsor hurdle, which is why it has become popular among Indian professionals in tech, research, healthcare, and business. However, an approved NIW petition does not skip the EB2 India backlog — you still wait for your priority date to become current before the green card is issued, so filing early and checking whether your profile could also support EB1A is important.
What is the EB2 NIW visa processing time?
The I-140 petition stage typically takes several months in regular processing, and premium processing — available for an extra fee — can significantly shorten that wait. The bigger variable for Indian applicants is the green card stage: after approval, you wait for the EB2 India cut-off date in the monthly Visa Bulletin, which can add years to the overall timeline depending on backlogs.
How much does an EB2 NIW visa cost?
The EB2 NIW visa cost has three main parts: the USCIS filing fee for the I-140 petition, an optional premium processing fee if you want a faster decision, and professional or legal fees for drafting a strong petition, which vary widely based on your profile and the advisor you choose. You may also need to budget for credential evaluations or certified translations of documents. Filing on your own keeps out-of-pocket costs low, but weak petitions are a common reason NIW cases get challenged with an RFE, so many applicants invest in expert drafting.
What are EB1 and EB2 green cards?
Both are employment-based US green card categories. EB1 is the first preference — EB1A (extraordinary ability), EB1B (outstanding researchers and professors), and EB1C (multinational managers) — with the highest evidence standard but generally the shortest waits. EB2 is the second preference for professionals with an advanced degree or exceptional ability and includes the National Interest Waiver route. In practice the choice depends on profile strength: EB1A demands proof you are at the very top of your field, while EB2 NIW is achievable for a broader set of strong professionals.
How to apply for an EB1A green card?
Start by mapping your achievements against the EB1A criteria — awards, memberships requiring outstanding achievement, published material about your work, judging the work of others, original contributions of major significance, media coverage, and a high salary or critical role, among others. You need to meet at least three of these with strong documentary evidence, then file Form I-140 as a self-petition with a compelling petition letter. After approval, your priority date determines when you can complete the green card process.
What are the EB1A green card requirements?
Officially, you need either a one-time internationally recognized major achievement or evidence meeting at least three of the ten USCIS criteria, such as awards, published work about you, judging others' work, original contributions, scholarly articles, exhibitions, a critical role at leading organizations, or high remuneration. Beyond ticking the criteria, USCIS applies a final merits determination — your overall record must show you are among the small percentage at the top of your field. Documentation quality and independent recommendation letters usually decide the outcome.
What is the EB1A green card processing time for Indians?
It works in two parts. The I-140 petition itself usually takes a few months, faster with premium processing, but the final green card depends on the EB1 India priority-date backlog shown in the monthly Visa Bulletin. The EB1 India queue has historically moved much faster than the EB2 India queue, which is why many eligible Indians aim for EB1A despite its higher evidence standard — your personal wait is counted from your I-140 priority date.