How to Choose an EB-1A Lawyer: Questions to Ask and Red Flags

The Short Answer

You are allowed to file an EB-1A petition without a lawyer. The regulation lets the person seeking the green card file the Form I-140 themselves (8 CFR 204.5(h)(1)). If you do hire help, only certain people may represent you before USCIS: attorneys in good standing, accredited representatives of Department of Justice recognized organizations, and law students or graduates working under their supervision (USCIS, Legal Services). To choose well, check the license, ask who writes and signs the petition, get the fee terms in writing, and walk away from guarantees.

This guide is general information. It does not recommend any particular lawyer or firm.

Do You Need a Lawyer for an EB-1A?

No. USCIS says so directly: "You do not need a representative to file forms with USCIS." Neither a job offer nor a labor certification is required for this category (8 CFR 204.5(h)(5)), so no employer has to be involved.

The better question is whether you want to meet the standard on your own. The regulation defines extraordinary ability as "one of that small percentage who have risen to the very top of the field of endeavor" (8 CFR 204.5(h)(2)). USCIS reviews EB-1A evidence in two steps. First, does the evidence meet at least three of the ten regulatory criteria (or comparable evidence for them), or show a one-time major, internationally recognized award? Second, in a final merits determination, does all of the evidence together show the person is at that level (6 USCIS-PM F.2)?

The Policy Manual also puts the burden of explanation on you: the petitioner "must explain the significance of the submitted evidence, and how it demonstrates that the person has achieved sustained national or international acclaim" (6 USCIS-PM F.2). A lawyer can help with that explanation. A lawyer is not required to provide it. A petitioner may write the explanation personally or hire help for part of it.

For the criteria themselves, see our guide to the 10 EB-1A criteria.

Who Is Legally Allowed to Represent You

Federal regulations list who may represent others in immigration matters before the Department of Homeland Security (8 CFR 292.1(a)). The regulation ends with a catch-all: "Except as set forth in this section, no other person or persons shall represent others in any case" (8 CFR 292.1(e)). For an EB-1A before USCIS, the realistic categories are:

Attorneys. An attorney is a member in good standing of the bar of the highest court of any U.S. state, territory, or the District of Columbia, who is not under an order suspending, disbarring, or otherwise restricting their practice (8 CFR 1.2). Any state works. Your lawyer does not have to be licensed in the state where you live.
Accredited representatives. These are people accredited by the Department of Justice who represent a recognized nonprofit organization (8 CFR 292.1(a)(4); 8 CFR 292.2(a)).
Law students and law graduates who are not yet admitted, working under supervision and subject to conditions, including that they appear without payment from you (8 CFR 292.1(a)(2)). USCIS says they cannot file their own Form G-28; the supervising attorney or accredited representative files it (USCIS, Legal Services).

Anyone outside these categories, according to USCIS, "cannot represent you or give you legal advice." They may offer limited help filling out forms, and they can only charge a nominal fee. USCIS encourages you to check your state's rules on which services are allowed (USCIS, Legal Services). USCIS also lists foreign attorneys, who may represent you only in matters outside the United States (8 CFR 292.1(a)(6)). The regulation allows a few other narrow, unpaid appearances at a DHS official's discretion, such as a "reputable individual" with a pre-existing relationship to you (8 CFR 292.1(a)(3)); USCIS says such individuals cannot file a Form G-28. A notary public in the United States is not an attorney. In some countries a "notario" is a lawyer, but that is not true here.

How to Verify a Lawyer

Do this before you pay anyone.

Get the lawyer's full name and the state where they are licensed. Ask for it in writing.
Check the licensing authority in that state. USCIS advises you to ask to see the attorney's current licensing document and to confirm eligibility with the state agency where the lawyer is licensed. Its Legal Services page links to the American Bar Association's list of the state agencies that regulate attorneys.
For Maryland, use the Maryland Judiciary's attorney search. Search by name, and watch for similar last names.
Check discipline. Maryland's Attorney Grievance Commission publishes sanctions and actions affecting licensure. It says the list is updated monthly and that its accuracy is not guaranteed, and it directs you to call the Commission to confirm whether an attorney has been reinstated. For immigration practice before DHS, the Department of Justice keeps a list of currently disciplined practitioners.
For an accredited representative, check the Department of Justice's roster of recognized organizations and accredited representatives, linked from USCIS's Legal Services page.
Match the name on the license, the engagement agreement, and the Form G-28.

Red Flags of Unauthorized Practice

Walk away if someone who is not a lawyer or accredited representative:

Offers to "handle your case" or advises you which category to choose or which criteria to claim
Calls themselves an "immigration consultant," "visa specialist," or "notario" and charges more than a nominal fee for form help
Will not give you a full name, a business address, or a licensing authority you can check
Asks you to sign blank forms, or fills out your forms without showing you the answers

USCIS's Avoid Scams page tells you to be cautious of offers to expedite your case for money and promises of a quick benefit. An attorney or accredited representative who represents you files Form G-28, and you sign it (USCIS, Legal Services). If a person is doing the work but will not file a G-28, ask why.

You can report misconduct to the state that licenses the lawyer. For practice before DHS, you can also write to the DHS Disciplinary Counsel; USCIS Legal Services explains how. In Maryland, the Attorney Grievance Commission handles complaints about attorneys and about unauthorized practice of law.

Questions to Ask Before You Hire

A vague answer to any of these is information.

Who does the work?

Who drafts the petition and the legal argument? The petition has to explain how the evidence meets each criterion and, at the final merits step, how all of it together shows sustained acclaim (6 USCIS-PM F.2). Ask who writes that argument and whether the attorney you are speaking with reviews it.
Who will sign the Form G-28, and who will answer your emails? Know whether you will deal with the attorney, a paralegal, or someone else.
Does the firm use outside vendors or software tools on your documents? If so, ask what protections apply to your files.

How are recommendation letters handled?

The Policy Manual says letters of support are "not without weight" but "should not form the cornerstone of a successful claim," and that letters that merely repeat USCIS definitions or make general statements are generally not persuasive (6 USCIS-PM F.2). Ask how the lawyer approaches letters. Ask how the lawyer makes sure each letter reflects what that writer actually knows about your work. See our guide to EB-1A recommendation letters.

What experience does the lawyer have?

Ask how many EB-1A matters the lawyer has handled, and in which fields. A direct answer is a good sign. Do not expect names or details of other clients' cases. A statistic is only useful if you can ask what it counts and how it was calculated. A practitioner before DHS may not knowingly or with reckless disregard make a false or misleading communication about their services, and the rule treats an assertion that "cannot be substantiated" as false or misleading (8 CFR 1003.102(f)(2), applied to DHS practice by 8 CFR 292.3(b)).

What happens if there is an RFE or a denial?

Ask what the fee covers if USCIS issues a request for evidence or denies the petition. An RFE response period cannot exceed twelve weeks, and extra time may not be granted (8 CFR 103.2(b)(8)(iv)). An appeal on Form I-290B is due within 30 days of service of the decision, with 3 days added when it is served by mail (8 CFR 103.3(a)(2)(i); 8 CFR 103.8(b)). USCIS counts the filing as made on the date it receives it (8 CFR 103.2(a)(7)(i)); our denial guide explains how weekends and holidays are handled. Ask who would handle either one, and whether that work is billed separately. Our guides explain the RFE response process and your options after a denial.

What does it cost, and what is extra?

Ask whether the quote is flat or hourly. Ask exactly what it includes: the petition, the evidence strategy, help with letters, a premium processing request, an RFE response, an appeal. Ask what is billed separately. Government filing fees are set by USCIS and are separate from the lawyer's fee (8 CFR 106.1(a)). Ask whether you will pay them directly or through the firm. The premium processing fee "must be paid in addition to other filing fees" (8 CFR 106.4(b)). Premium processing is optional, and it requires USCIS to act within 15 business days, not to approve (8 CFR 106.4(e)(11), (f)(1)). Get the terms in writing before you pay.

Red Flags in a Lawyer's Pitch

Even licensed lawyers can set off warning signs. Be cautious if you see any of these:

A guarantee of approval. No lawyer can guarantee an outcome, as the next section explains.
A statistic with no stated basis. Ask what any figure counts, over what period, and how it was calculated. The rule on unsubstantiated communications cited above applies here.
A claim of "certified specialist" status without a source. Under the federal rule, a practitioner may not state or imply recognition or certification as an immigration specialist unless a state regulatory authority, or an organization it has approved, granted it (8 CFR 1003.102(f)). Ask who certified them.
Pressure to sign or pay immediately. A real deadline may exist. Ask what it is and why.
A package that could be sent to anyone. Ask how the petition and each letter are tailored to your record.
A request that you misstate facts. This includes inflating a role, backdating work, or letting a letter claim knowledge the writer does not have. A practitioner before DHS may not knowingly or recklessly make a false statement of material fact (8 CFR 1003.102(c)). For you, willfully misrepresenting a material fact to obtain an immigration benefit can make a person inadmissible (INA § 212(a)(6)(C)(i), 8 U.S.C. § 1182(a)(6)(C)(i)).
No written engagement agreement. Scope, fees, and responsibilities should be written down.

What No Lawyer Can Promise

No lawyer can guarantee that USCIS will approve an EB-1A petition. The final merits determination asks an officer to consider all of the evidence together under a preponderance of the evidence standard (6 USCIS-PM F.2). That is a judgment, so a lawyer can discuss risk with you but cannot offer certainty.

The legal framework for that step is also contested. The final merits step comes from USCIS policy, not from the statute or the regulation. In Mukherji v. Miller, No. 4:24-cv-03170, 2026 WL 895708 (D. Neb. Jan. 28, 2026), a federal district court held that USCIS adopted it as a legislative rule without notice-and-comment rulemaking. The government dismissed its appeal (8th Cir. No. 26-1578, June 10, 2026). Other district courts have rejected that reasoning, including Vernekar v. Miller, No. 4:26-cv-03105 (D. Neb. Sept. 8, 2026). The Fifth Circuit held in Amin v. Mayorkas, 24 F.4th 383 (5th Cir. 2022), that the 2010 policy memorandum adopting the two-step approach is not a legislative rule subject to notice and comment. That decision binds courts in the Fifth Circuit only, and the courts above reached different conclusions. USCIS continues to apply both steps. See our criteria guide for more.

Timing carries uncertainty too. A proposed rule on premium processing timeframes (RIN 1615-AD25) has been under White House review since October 13, 2026 and has not been published. Until a final rule takes effect, the timeframes in 8 CFR 106.4(e) apply.

Ask any lawyer you are considering to tell you where your evidence is strong or thin and what could go wrong. If you are also weighing categories, see our comparison of EB-1A and NIW.

How to Prepare for a Consultation

A little preparation makes any consultation more useful.

Bring a current CV and a list of your publications, awards, patents, press coverage, and judging or review work.
Write down your timeline, including your immigration status, expiration dates, and pending filings.
List possible recommenders and how each knows your work, without contacting anyone yet.
Gather documented evidence of impact, such as citations or adoption of your work. Our EB-1A evidence strategy guide covers evidence strategy for tech professionals.
Bring the questions above, and ask for the engagement terms in writing before you decide.

Key Takeaways

You may file an EB-1A petition yourself. A lawyer is optional (8 CFR 204.5(h)(1)).
Under USCIS's guidance, only attorneys, accredited representatives, and supervised law students or graduates may represent you before USCIS. Anyone else may offer limited form help at most.
Verify the license with the state that issued it, check discipline records, and confirm the lawyer will file Form G-28.
Ask who drafts the petition and the final merits argument, how letters are handled, what happens after an RFE or denial, and what the fee covers.
Treat guarantees, unexplained statistics, pressure to sign, and requests to misstate facts as reasons to walk away.
No lawyer can promise approval, and the legality of the final merits step is contested.

If you want to talk through your own EB-1A, our EB-1A page outlines the category, and you can schedule a consultation. How we run engagements is described on our How We Work page.

Sources and References

8 CFR 204.5(h): Who may file; definition of extraordinary ability; no offer of employment required
INA § 203(b)(1)(A) (8 U.S.C. § 1153(b)(1)(A))
8 CFR 292.1: Representation of others
8 CFR 1.2: Definition of "attorney"
8 CFR 106.1: How USCIS fees are submitted
8 CFR 103.2(a)(3), (a)(7) and (b)(8): Representation; date of receipt; time to respond to a request for evidence
8 CFR 103.3(a)(2) and 8 CFR 103.8: Appeals and service by mail
8 CFR 292.3 and 8 CFR 1003.102: Professional conduct for practitioners
8 CFR 106.4: Premium processing
INA § 212(a)(6)(C)(i) (8 U.S.C. § 1182(a)(6)(C)(i))
USCIS Policy Manual, Volume 6, Part F, Chapter 2 (Extraordinary Ability)
USCIS, Legal Services
USCIS, Avoid Scams
USCIS, Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative
Maryland Judiciary, Attorney Search
Maryland Attorney Grievance Commission and Sanctions and Actions Affecting Licensure
Department of Justice, EOIR, List of Currently Disciplined Practitioners
Mukherji v. Miller, No. 4:24-cv-03170, 2026 WL 895708 (D. Neb. Jan. 28, 2026), appeal dismissed, No. 26-1578 (8th Cir. June 10, 2026)
Vernekar v. Miller, No. 4:26-cv-03105, ECF 12 (D. Neb. Sept. 8, 2026)
Amin v. Mayorkas, 24 F.4th 383 (5th Cir. 2022): The 2010 policy memorandum is not a legislative rule

This document provides general information only and does not constitute legal advice. Immigration law is complex and individualized. Outcomes depend on specific facts and circumstances. No results are guaranteed. Always consult with a qualified immigration attorney before making decisions about your immigration case.