What is KILP’ experience with EB-1 and NIW petitions?

A very significant part of our practice is focused on representing individuals seeking to qualify for permanent residence (“green card”) through the Extraordinary, Exceptional, Outstanding, or National Interest categories. Our success rate is such that over 25 universities, hospitals and research institutions, as well as other immigration attorneys, refer individuals to our firm to prepare these petitions.

How does KILP assist with the petition?

The firm’s EB-1 practice team works closely with you to prepare a petition that clearly reflects how your achievements meet the EB-1 and/or EB-2 regulatory standards.  In addition to working with you, we assist your referees in framing your achievements in terms a lay person can understand.  Our success with these petitions is based in large part on the time we spend understanding the nature and significance of your achievements, and translating very technical concepts into terms that the immigration adjudicators can understand and appreciate.  These detailed explanations, coupled with corroborating documentation, provide a picture of your accomplishments that facilitates the immigration examiner’s understanding of just how extraordinary you are.

With whom will I be working? Who is in charge of my case?

Although I am responsible for your case and am available to you as needed, we work on all cases as a team.  In addition to myself, you should expect to be communicating with at least one other professional, a technical writer, in my office.  The technical writer will have primary responsibility for helping to frame your achievements in terms that the immigration officer can understand.

What are my obligations?

You will need to provide a detailed written input statement describing your field, your accomplishments, the importance of your work, and other requested information.  As best you can, this information should be written in terms that a lay person could understand.  It is not a problem to use technical terms and concepts, as long as you explain the meaning behind those terms and concepts.  We will work with what you provide to draft detailed letters, but you will need to carefully edit and review this information.  This is therefore very much a collaborative effort between yourself and our team.  For example, you will be asked to respond to our requests for more information about your work or questions we may have regarding your input statement.  You will also be expected to identify appropriate referees, and to coordinate the sending and receiving of reference letters directly with your referees.

Will you give me any guidance in preparing the requested input statement?

Of course.  We provide a detailed Input Questionnaire with specific questions to answer and information to provide in written form.  The Input Questionnaire also outlines documentation that you will need to send.  When you are ready to proceed, we will have an input call to review the information and documentation requested in the questionnaire, and guide you specifically on what is needed for your individual situation.  This call will be about an hour.  We will also provide samples of input statements to give you an idea of the level of detail and technicality required.

What is the time frame for preparing the case?

Our work generally takes about two months from the time you provide us the requested information to get started with our work.  We estimate approximately another two months for you to review and edit the reference letters, for us to make the requested changes, for you to forward the reference letters to the referees, for the referees to review and sign the reference letters and get them back to us, and for us to prepare the final transmittal letter to USCIS.

How long will it take the government to decide the case?

Government processing times vary, and the most current processing times are posted at www.uscis.gov.  Presently, the average government processing time for EB-1 cases is about 8 months.  The average government processing time for NIW cases is also about 8 months.  The average processing time for the application for permanent residence is six months, but it will only be processed once the EB-1 or NIW is approved, and the priority date is current.  The average processing time for the applications for employment authorization and travel document, after the filing of the application for permanent residence, is ninety days.

Should I file 1 petition or multiple petitions?

We generally recommend filing multiple petitions.  We do not charge additional for filing both an EB-1 and an NIW application at the same time.

Should I file the application for permanent residence at the same time (concurrently) with the I-140 Petition?

If you are not subject to a quota backlog, you have the option of filing concurrently.  Once we are working on your case, we will provide our recommendation; but the final decision is yours.

What are the legal fees, and what do the legal fees include?

We will provide you a fixed legal fee during the consultation once we evaluate your case.  The legal fee is broken down based on the stages of preparation and filing, and a breakdown will also be provided during your consultation.  Please ask any questions you may have about the quoted legal fee and what it includes.The legal fee includes all of the legal services specified above, as well as our preparation of a detailed transmittal letter to USCIS explaining how and why you qualify for EB-1 or NIW, advice regarding premium processing and concurrent filing, preparation of all government forms, preparation of applications for permanent residence, preparation of applications for employment authorization, preparation of applications for travel documents, prompt response to all telephonic and email inquiries, and follow up with USCIS if there are processing delays.  In addition, we do not bill separately for miscellaneous costs and expenses, including photocopies and FedEx.  Rather, we add 6% to each legal fee payment to cover the expenses.  We accept Visa, MasterCard and Discover.

What are the government filing fees?

The I-140 government filing is $700.  If you file more than one I-140, you will need to pay the $700 with each petition.  The filing fee for the I-485, including employment authorization and travel document applications, is $1,225.  If you are including spouse or children fourteen years of age or older, they will also need to pay the $1,225.  For children under 14, the filing fee is $750.  Government filing fees are separate from legal fees.

Do we need to meet during the course of the case?

You are always welcome to schedule a time to come in and discuss your case.  However, most people prefer to communicate by email and telephone.

What should I look for in choosing an EB-1/NIW attorney?

Click here to review a list of qualifications that you may want to consider in choosing the best EB 1/NIW attorney.

How do I get started?

Please advise me if you wish to pay the retainer payment by check or credit card.  If you wish to pay by credit card, we will email you a credit card authorization form.  Once we receive your retainer payment, we will schedule the input call and proceed as we explained above.

Are you interested in receiving referrals of friends and colleagues who need immigration assistance?

Many of our clients are referred by universities and hospitals, as well as our appreciative EB-1 clients.  We very much appreciate your referrals.