NIW及EB-1A申请流程表

STEP 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 to 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. Communication with lawyer if a question or concern arises from the retainer agreement.

STEP 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.

STEP III. Processing the Case

7. Contacting Recommenders or References:
a. Lawyer e-mails client a sample letter requesting assistance from potential recommenders or references;
b. Client contacts potential recommenders or referees using the modified sample letter.

8. Preparing Letters of Recommendation:

Client has two options:

Option One: Lawyer drafts letters of recommendation under authorization of recommenders:
a. Client provides lawyer with a list of recommenders and a summary of client’s work;
b. Lawyer drafts letters of recommendation under authorization of recommenders;
c. Lawyer completes the letter drafts within two weeks after receiving list of recommenders and summary of client’s work;
d. Lawyer revises the letter drafts per recommenders’ and client’s feedback;
e. Lawyer finalizes the letters of recommendation and forwards them to recommenders for final review and signature.

Option Two: Recommenders and clients prepare the letters of recommendation on their own:
a. Lawyer e-mails client an instruction and sample letters of recommendation;
b. Lawyer reviews and edits letters of recommendation prepared by recommenders and client;
c. Lawyer finalizes the letters of recommendation and forwards them to recommenders for final review and signature.

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 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 letters 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 for submission to CIS;
c. Petition package is shipped to CIS via FedEx;
d. Lawyer e-mails client the FedEx tracking number for the shipment.

STEP 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 to 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 thank them for their support.
g. Lawyer closes the case file.

STEP 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;
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 to RFE;
e. See Item 12 if case is approved;

STEP 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 filing 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.
_____________________________________________________________________
刘宗坤律师（Z. Zac Liu, Esq.），法学博士（J.D.）、哲学博士(Ph.D.)，伊
利诺伊州最高法院及联邦法院执照，曾担任Valparaiso University Law Review的编辑
和审稿人， 著有中英文书籍多种，散见于中美各大学图书馆。执业以来，他已代理无
数名来自世界各地的科研人员和专业人士成功获得绿卡及各类非移民签证，尤其在国家
利益豁免（NIW）、特殊人才（Eb-1A）、杰出教授和研究员（EB-1B）、PERM 劳工证、
H-1B工作签证等方面积累了丰富的经验。读者若有移民法律问题，可将简历发往zliu@
niwus.com。刘律师会在两个工作日内对您的问题做出免费答复或评估。

Liu & Associates, PLLC
Wells Fargo Tower, 8th Floor
6161 Savoy Drive, Suite 830
Houston, Texas 77036

Tel： (800) 878-1807
(713) 974-3893
Fax: (713) 974-3463
Email: zliu@niwus.com
Website: www.niwus.com