Attorney fees, USCIS costs, and what to expect from EB-1 lawyers.

The EB-1 visa is the first preference category for employment-based green cards, divided into three subcategories: EB-1A for individuals with extraordinary ability, EB-1B for outstanding professors and researchers, and EB-1C for multinational executives and managers. Unlike EB-2 and EB-3 pathways requiring PERM labor certification (a lengthy Department of Labor recruitment process), EB-1 skips this step entirely. Knowing the cost breakdown helps you budget and choose the right legal representation.
This guide covers attorney fees, filing fees, and what affects your total investment through permanent residency.
Immigration attorney fees for EB-1 cases typically range from $5,000 to $15,000 depending on subcategory and complexity. Most immigration law firms use flat fee arrangements rather than hourly billing, giving you cost predictability from the start.
Here's how lawyer fees typically break down:
Some law firms offer payment plans, installments, retainer agreements, or money-back guarantees if denied. When comparing fees and seeking legal advice, ask whether the flat fee includes responding to a Request for Evidence (RFE).
Attorney fees represent just one component of your total cost. Government filing fees add substantially to your budget.
Not all EB-1 cases require the same level of preparation. A professor with decades of peer-reviewed publications faces different documentation challenges than a startup founder building an extraordinary ability case from scratch. Several factors explain why legal fees vary so widely:
Consider whether an O-1A visa might bridge to permanent residency if backlogs affect your timeline. Some compare costs against EB-2 NIW petitions.
With these costs in mind, you might wonder whether hiring professional legal representation is truly worth it. To determine that for yourself, it helps to break down the total cost of an EB-1 petition.
Attorney fees tell only part of the story. The federal government charges its own fees at each stage of the process, from the initial I-140 petition through final green card issuance. Understanding the full cost of an EB-1 green card requires looking at three components: USCIS filing fees, adjustment of status costs, and attorney fees. Here's how each breaks down.
USCIS (U.S. Citizenship and Immigration Services) charges mandatory fees when you submit your Form I-140 immigrant petition. These fees apply regardless of whether you hire an attorney or file yourself. The amounts depend on your employer size and whether you opt for expedited processing.
Nonprofit organizations and small employers with fewer than 25 employees pay the reduced $300 Asylum Program Fee. Self-petitioners under EB-1A also qualify for the lower fee. Check the USCIS fee schedule for current amounts, as fees change periodically.
Premium processing ($2,805) guarantees a decision within 15 business days versus 1.5 to 2 years for regular processing.
Once USCIS approves your I-140 petition, the next phase depends on your location.
If you're in the United States, you can adjust status to permanent residency without leaving. Additional fees apply beyond the I-140 petition.
The primary adjustment of status fees include:
Each family member adjusting status files a separate I-485. Attorney fees for adjustment of status typically run $1,500 to $2,500 for the principal applicant, plus $750 to $1,500 per dependent family member.
If outside the U.S., you'll pursue consular processing at a U.S. embassy or consulate, attending an immigrant visa interview to receive your EB-1 immigrant visa after Form I-140 approval. The EB-2 visa and EB-3 visa pathways follow similar adjustment procedures but require labor certification first.
Combining attorney fees and government fees gives you a realistic budget range. Your total depends on which subcategory you pursue, whether you use premium processing, and whether you adjust status inside the U.S. or go through consular processing abroad. Here's what different EB-1 scenarios typically cost:
These estimates assume a single applicant. Adding family members increases costs through additional I-485 filings, typically $2,000 to $4,000 per dependent.
Wide ranges reflect variation in law firm pricing, location, and case complexity.
EB-1A allows self-petition without employer sponsorship. Unlike nonimmigrant work visas like the H-1B, EB-1 leads directly to permanent residency. Can you file without an immigration attorney?
Legally, yes. Practically, approval rates suggest professional help matters. Overall EB-1 approvals reached 76.1% in FY2024, but EB-1A approved at only 60.7% while EB-1B hit 84.6% and EB-1C reached 93.2%.
Common EB-1A denial reasons include:
As Henry Lindpere of Manifest Law notes, 'The USCIS officer reading the case is not a subject matter expert in your field. An experienced attorney can add tremendous value in translating your achievements.'
Attorneys add value through case strategy, evidence organization, and professional RFE responses.
For EB-1B and EB-1C, employer sponsorship means legal counsel handles the petition. The question becomes which firm your employer selects.
The EB-1A visa pathway remains viable for self-representation, but weigh the lower approval rates against attorney costs when making your decision.
The EB-1 process requires coordination between USCIS and the Department of State, extensive documentation, and strategic case presentation. Applicants must compile evidence across multiple criteria, draft persuasive recommendation letters, and anticipate how adjudicators will evaluate their achievements. Timing matters too: processing delays, RFE responses, and visa bulletin movement all affect your path to permanent residency and eventual naturalization.
Lighthouse provides eligibility diagnostics to identify which EB-1 subcategory fits your profile, expert guidance on evidence compilation, and legal review to strengthen your Form I-140 petition. Our platform combines experienced U.S. immigration teams with technology built for complex employment-based green card filings, coordinating deadlines for you and any family members adjusting status.
Explore whether your qualifications meet extraordinary ability, outstanding researcher, or multinational executive criteria.
Start your EB-1 evaluation today.
Immigration attorneys typically charge $5,000 to $15,000 for EB-1 cases, with EB-1A self-petitions at the higher end due to evidence burden. Most firms use flat fee arrangements that may or may not include RFE responses.
EB-1 cases typically use flat fee arrangements ($5,000 to $15,000) rather than hourly billing. This structure means hourly rates are less relevant than total cost and included services.
Total costs range from $6,500 to $22,000 or more, combining attorney fees, USCIS filing fees, premium processing, and adjustment of status. A self-petitioner without premium processing pays around $6,500 to $16,000.
Yes, EB-1A allows self-petition without employer sponsorship. EB-1B and EB-1C require employer sponsorship. Self-filing is legally permitted, but consider the 60.7% EB-1A approval rate when deciding whether to proceed without legal representation.
With premium processing, 15 business days. Regular processing takes 1.5 to 2 years. After I-140 approval, the adjustment of status adds several months.
76.1% overall in FY2024: EB-1A at 60.7%, EB-1B at 84.6%, EB-1C at 93.2%.
Insufficient evidence, vague recommendation letters, failure to establish three or more criteria, and lack of context explaining achievements. Strong documentation helps avoid these pitfalls.
Not faster for USCIS processing times, but attorneys help avoid delays from RFEs or denials that add months to your timeline.
Lighthouse provides expert guidance and legal review to strengthen your case.
From document prep to USCIS submission, Lighthouse ensures your petition meets every requirement.
