Chapter 3: Choosing a Lawyer
There are some individuals who have applied for an O1 visa without a lawyer, and while they may be extremely brave, it is not advisable for you to follow suit. It is likely that you have more important things to do, and getting an excellent lawyer is perhaps one of the most beneficial actions you can take.
Fees
This is the average fee breakdown for an O1 application
Lawyer Fees: $6-$12k USD
Government Filing Fee: $460
Premium Processing Fee: $2500
The premium processing fee is a fee paid to USCIS for an expedited decision on your application. By opting for premium processing, you can expect to receive a decision within 15 calendar days, while normal processing could take up to six months. I highly recommend choosing premium processing, despite the slightly higher cost. It's important to note that if you have premium processing and receive a Request for Evidence (RFE), and then submit a response to the RFE, the premium processing still applies. This means that USCIS will respond to your RFE within 15 days as well.
The legal fees, ranging from $7k-$12k, typically include the O1 application itself as well as responding to an RFE if you receive one. However, it's crucial to clarify this with any lawyer you contact to ensure that an RFE response is indeed included in the fees. The fee structure may vary between law firms. Some firms may require half of the fees up-front and the remaining amount upon submission, while others may require the entire fee upfront. In my opinion, it is advisable to find a lawyer who requires half of the fees upon commencement and the other half upon submission/approval. This arrangement will help incentivize the lawyer to work diligently on the application until it is approved.
I also want to stress that you shouldn’t try to “find a deal” on an O1 lawyer. If you are paying much below $7k on a lawyer, you will likely have a bad experience. It can take a lot of time to craft a proper O1 petition — if you choose a cheap lawyer, it will only end up costing you more money and time.
Selecting a Lawyer
Selecting the right law firm can be a confusing task. Each law firm will have both positive and negative reviews, making it difficult to make a decision. In such situations, it can be helpful to seek recommendations from trusted friends.
The initial step involves contacting the law firm. They will schedule a call with you to review your profile and determine which criteria you may be eligible for. Following this, they will either make an immediate decision regarding your chances of O1 visa approval or get back to you within a day or two after discussing with their team.
On this call, you can ask the following questions about the law firm to determine if they will act in your best interest.
What’s your RFE-quota? How often do you receive RFEs for O1 submissions?
What’s the approval rate for O1 submissions?
Do you primarily work with petitioners in a particular space? i.e technology founders or people in the arts.
Do you have templates for letters of recommendation, or will you write the letters of recommendations for me?
How many cases do you take on a time? What is your capacity at the moment?
Inquiring about their O1 approval rate is a useful indicator that can help you gauge their performance compared to other lawyers. The current global O1 approval rate stands at approximately 95% (2023) Therefore, if their approval rate is lower than this, it would be advisable to continue your search and find another lawyer.
I highly recommend finding a lawyer who can assist you in drafting letters, or at least provide you with templates to use. Writing letters of support can be a daunting and challenging task, especially if you are unfamiliar with their content. During my O1 journey, I worked with two different lawyers. The first lawyer, who was unsuccessful with my O1, provided me with templates for letters of recommendation that I used. I would write the letters and have them reviewed before requesting a signature. While this process is acceptable, it often involves a lot of back and forth between you and the lawyer, so I would suggest avoiding it if possible. Instead, try to find a lawyer who will write the letters for you.
The last question regarding how many cases they handle simultaneously is equally crucial. My initial lawyer was extremely unreliable when it came to timelines. I always had to remind them to review the documents I had submitted and ensure that my O1 petition was completed on time. However, when I selected my second lawyer, they informed me about their internal process that includes specific timelines and deadlines. Their internal process was used to ensure that petitions are drafted and finalized within a strict timeframe. I would suggest looking for lawyers who use similar wording or who can assure you that they have sufficient capacity before making a decision to proceed with them.
Law Firms
These are some law firms I’ve seen mentioned on Bookface (the Y Combinator internal forum). I personally used Legalpad on my second and successful O1 attempt. They worked fast, were extremely responsive to emails, and they wrote the Advisory Opinion letter for me.
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