What Should EB-2 National Interest Waivers Expect in Their Attorney?

A mistake in an application or petition can have permanent, irremediable consequences. Often these permanent, irremediable consequences entail suffering for a formerly hopeful foreign national, for his immediate family, and for the business he works for. Legal errors often result in great difficulty and delay.

Thankfully, foreign nationals applying for immigration benefits, including those applying for EB-2 National Interest Waivers, may have an attorney represent them in immigration matters. And EB-2 NIW applicants often do the right thing by hiring an attorney.

Let’s look at some–though certainly not all–things an EB-2 NIW applicant should reasonably expect from her attorney.

She should expect a pleasant, likeable, professional attorney. If an EB-2 NIW applicant finds herself in a situation in which she dreads interacting with attorney who she hired in order to make her life easier, she didn’t hire well.

She should expect clear explanations in everyday English of what relevant immigration processes will involve, the costs, any potential problems to overcome, and a general estimate of the time usually involved. (Of course, she should not expect that any ethical attorney would guarantee a case’s final result.)

She should expect her attorney to minimize delays by using the correct procedures and acting in a timely and efficient fashion. (Of course, she should keep in mind that the government agencies control processing times.)

She should expect a comprehensive list of the documents and information needed from her and from others.

She should expect timely responses to questions and communications.

She should expect her attorney to quickly act to fix a problem if one arises.

She should expect her attorney to be up-to-date with the latest developments in the law and to maintain contact with other practitioners in the field, in order to provide the best advice.