NIWUS HOME

              A FLOWCHART FOR PROCESSING NIW & EB-1A/B PETITIONS

                                      Prepared by Liu & Associates, PLLC

I. Free Evaluation

1. Initial Evaluation:
a.        E-mail Resume to Lawyer for Free Evaluation;
b.        Lawyer reviews resume and e-mail back with evaluation that analyzes whether your
credentials meet the minimum NIW or EB-1A/B requirements; whether your case has a reasonable
chance to be approved; whether Lawyer can take your case; and if, in Lawyer’s best judgment, you
are not qualified for NIW or EB-1A/B, what other options you have to obtain a green card.

2. Follow-Up Communications:
a.        Send follow-up questions to Lawyer via e-mail or phone;
b.        Lawyer answers follow-up questions & makes necessary clarifications.

3. Choose a Service Package:
a.        If you are interested in retaining Lawyer to handle your case, notify lawyer of the specific
service package you choose;
b.        Lawyer e-mails you a retainer agreement according to the service package you choose;
c.        Communicate with Lawyer if a question or concern arises from the retainer agreement.

II. Establishing Attorney-Client Relationship

4. Important Things You Need to Know Before Signing the Retainer Agreement:
a.        The specific services covered by the agreement;
b.        Whether the legal fees listed in the agreement include answering Request for Evidence (RFE);
c.        Whether extra fees will be charged for a service you need but not listed in the agreement;
d.        Whether you fully understand what Lawyer has explained to you regarding the chance and
the risk your case bears;
e.        If necessary, revisit the previous communications you had with Lawyer and make sure each of
your concerns is clarified.

5. Sign the Retainer Agreement & Pay the Initial Legal Fee:
a.        Sign your name on the agreement;
b.        Mail the signed agreement along with payment check of the initial legal fee.

6. Attorney-Client Relationship:
a.        Lawyer receives the retainer agreement and payment of initial legal fee;
b.        Lawyer signs the agreement and attorney-client relationship is established;
c.         Lawyer mails a photocopy of the signed agreement to client;
d.        Lawyer e-mails a set of documents and questionnaires to client;
e.        Under Attorney-Client relationship, lawyer is bound by professional rules and other pertinent
laws, and owes a fiduciary duty to client.

III. Processing the Case

7. Contacting Recommenders or References:
a.        Lawyer e-mails client a sample email requesting assistance from potential recommenders or
references;
b.        Client contacts potential recommenders or referees using the modified sample email;
c.        Lawyer answers questions regarding choice of recommenders.

8. Preparing Letters of Recommendation:
a.        Lawyer e-mails client instructions and sample letters of recommendation;
b.        Recommenders and client email lawyer all letter drafts, usually 5 or 6 letters for one case;
c.        Lawyer makes revisions and comments on all letter drafts within two weeks after receiving all
drafts from recommenders and client;
d.        Client forwards the letter drafts to recommenders for final review and signature;
e.        Recommenders review and sign the letters of recommendation, and send the originally signed
letters to client, and a copy to Lawyer;
f.        Lawyer confirms with each recommender of the receipt of the signed letters.

9. Drafting Petition Letter & Preparing Forms:
a.        Client mails to lawyer all supporting documents including the signed letters of
recommendation;
b.         Lawyer drafts the NIW petition letter to be submitted to CIS;
c.         Lawyer e-mails client the petition letter draft within approximately two weeks after receiving
all supporting documents;
d.        Lawyer e-mails client completed immigration forms for client’s review and signature;
e.         Lawyer modifies the petition letter based on client’s feedback;
f.        Client signs and mails the immigration forms to lawyer;
g.        Lawyer finalizes the petition letter.

10. Filing the Case:
a.        Lawyer makes final review of the accuracy and completeness of the documents to be submitted
to CIS;
b.        Lawyer signs all the documents and finalizes the petition package to be submitted to CIS;
c.        Petition package is shipped to CIS via FedEx;
d.         Lawyer e-mails client the FedEx tracking number for the shipment.

IV. After Case is Filed

11. USCIS Receipt
a.        Lawyer receives CIS receipt (usually within two weeks after case is filed);
b.        Lawyer e-mails to client a scanned copy of the CIS receipt;
c.        Client may check the online case status with the CIS receipt number.

12. Approval of the Case
a.        Lawyer receives Approval Notice from CIS;
b.        Lawyer notifies client of the approval;
c.        Client mails the payment due for legal fees upon approval;
d.        Lawyer mails client the CIS Approval Notice;
e.        Lawyer e-mails to client a sample “Thank You Letter” addressed to the recommenders;
f.        Client e-mails or mails to the recommenders a modified “Thank You Letter” to them for their
support.
g.        Lawyer closes the case file.

V. In Case of Receiving Request for Evidence (RFE)

13. Preparing the Response to RFE
a.         Lawyer immediately notifies client regarding the content of the RFE and email client a
scanned copy of the RFE;
b.        Lawyer advises client of the documents to be prepared in response to the RFE;
c.         Lawyer drafts the Response Letter to RFE;
d.         Lawyer files the Response Letter to RFE;
e.        See Item 12 if case is approved;

VI: In Case of Receiving Erroneous Denial

14. Preparing Appeal or Pursuing Other Relief
a.        Upon receipt of the CIS denial notice, Lawyer immediately notifies client of the denial and the
CIS reasoning for the denial;
b.        Lawyer evaluates whether appeal is in client’s best interest;
c.        Lawyer advises client of appeal or other available relief and options;
d.   Client determines whether to appeal or to pursue other options;
e.   Lawyer takes further action to appeal or to pursue other relief.

*Note: The processing of each individual case may be slightly different according to the specific
situation.