Fee Agreement – Flat Fee (Immigration)

Fee Agreement – Flat Fee (Immigration)

IMMIGRATION PRACTICE NOTICE

Only licensed attorneys and Board of Immigration Appeals (BIA) accredited representatives may charge fees for immigration legal services. Notarios, visa consultants, immigration consultants (in most states), and other non-attorney service providers are NOT authorized to provide legal immigration advice for a fee. Unauthorized practice of immigration law is a federal crime under INA § 274C.

Fee splitting with non-attorneys is prohibited under ABA Model Rule 5.4 and state equivalents.

Form G-28 (Notice of Entry of Appearance as Attorney) will be filed with each USCIS application or petition to establish the attorney-client relationship.

1. Parties and Matter

Law Firm: [________________________________]
Address: [________________________________]
State Bar Number: [____]
Supervising Attorney: [________________________________]

Client Name: [________________________________]
A-Number (if assigned): A-[________________________________]
Date of Birth: [__/__/____]
Country of Birth: [________________________________]
Current Immigration Status: [________________________________]
Address: [________________________________]
Phone: [________________________________]
Email: [________________________________]

If client is a petitioning sponsor/employer:
Entity Name: [________________________________]
FEIN / EIN: [________________________________]
Contact Person: [________________________________]

Date of Agreement: [__/__/____]

2. Service Selection and Attorney Flat Fee

Select the immigration service(s) to be performed under this Agreement. Government filing fees are listed separately in Section 3 and are NOT included in the attorney flat fee.

Family-Based Immigration

Employment-Based Immigration

Naturalization and Citizenship

Humanitarian / DACA / Special Programs

Removal Defense

Work Authorization / Travel

SELECTED SERVICE(S) FOR THIS ENGAGEMENT:

Service 1: [________________________________] Attorney Flat Fee: $[________________________________]
Service 2: [________________________________] Attorney Flat Fee: $[________________________________]
Service 3: [________________________________] Attorney Flat Fee: $[________________________________]

TOTAL ATTORNEY FLAT FEE: $[________________________________]

3. Government Filing Fees (Separate from Attorney Fees)

Government filing fees are NOT included in the attorney flat fee and are Client's sole responsibility. The following are the current fees as of March 2026 (subject to change by USCIS/EOIR):

IMPORTANT: USCIS fee schedules change. Always verify current fees at uscis.gov/g-1055 before filing. Client is responsible for paying the filing fee in effect at time of filing.

Premium Processing: Premium processing (Form I-907) expedites certain petitions for an additional fee (currently approximately $2,805 for 15-business-day processing). Premium processing is NOT included in the flat fee unless expressly stated.
☐ Premium processing is included for: [________________________________]
☐ Premium processing is NOT included; Client may request it for an additional fee of $[________________________________]

4. Payment Schedule

Total Attorney Flat Fee: $[________________________________]

☐ Full Payment at Signing: $[________________________________] due upon execution.

☐ Two-Payment Structure:

• $[________________________________] deposit due at signing
• $[________________________________] due before application/petition is filed

☐ Installment Plan: [________________________________]

Payment by: ☐ Check ☐ Money Order ☐ ACH/Wire ☐ Credit Card ☐ Zelle ☐ Other: [____]

Government filing fees are due separately, in the exact amount required by USCIS/EOIR, payable by check or money order made payable to "U.S. Department of Homeland Security" (or as required for EOIR matters) at time of filing. The Firm will provide Client with filing fee payment instructions at the time of filing.

4.1 Earned Upon Receipt vs. Trust Account

The attorney flat fee shall be:
☐ Deposited into the Firm's client trust account and earned as services are performed. Any unearned portion will be refunded upon termination.
☐ Earned upon receipt for the defined scope of this engagement. If the Firm fails to complete the specified services, it will refund a proportionate unearned amount.

5. Included Services and Scope

The flat fee includes:

• Case strategy consultation and eligibility analysis
• Preparation of all forms and supporting documentation for the selected service(s)
• Evidence packet assembly, organization, and indexing
• Cover letter / legal brief preparation (where applicable)
• Filing of application/petition with USCIS, EOIR, or consulate
• Filing of Form G-28 (Notice of Appearance)
• Routine status monitoring and case follow-up communications
• Advice regarding biometrics appointment, interview preparation, and scheduling
• ☐ One Response to Request for Evidence (RFE) (if received within [____] months of filing)
• ☐ One Interview Preparation Session (for matters requiring USCIS interview)
• ☐ Attorney attendance at USCIS interview (if required): ☐ Included ☐ Not included ($[________________________________] separately)

6. Additional Fees for Scope Changes

The following events may trigger additional fees outside the flat fee:

7. Costs and Expenses (Non-Government Fees)

In addition to government filing fees, Client is responsible for these costs:

• Document translation fees (certified translations of foreign documents): At cost
• Notarization of documents: At cost
• Courier / overnight delivery: At cost
• Biometric photograph fees (if not obtained at USCIS ASC): $[____]
• Medical examination fees (Form I-693): Varies by civil surgeon
• Police clearance certificates / foreign record fees: At cost
• Passport renewal fees: At cost (if applicable)
• Any other required third-party costs

8. Government Processing Times and No Guarantee of Outcome

USCIS and EOIR processing times are outside the Firm's control and vary significantly by form type, service center, and case complexity. Current processing times can be checked at uscis.gov/processing-times.

The Firm makes no guarantee of:

• A specific decision, approval, or outcome
• A particular processing timeline
• Future changes in immigration law or USCIS policy that may affect the case

Immigration law is subject to frequent legislative and regulatory change. The Firm will advise Client of known material changes that may affect the matter, but is not responsible for unpredictable policy changes.

9. Client Responsibilities

Client agrees to:

• Provide complete, truthful, and accurate information on all forms and in all communications
• Provide all required supporting documents promptly (passport copies, birth certificates, tax returns, proof of relationship, police certificates, etc.)
• Promptly notify the Firm of: (a) any changes of address; (b) any arrests, criminal charges, or convictions; (c) any travel outside the United States; (d) any correspondence received from USCIS, EOIR, or any government agency; (e) any change in employment or immigration status
• Keep USCIS informed of address changes by filing Form AR-11 (required within 10 days of address change)
• Attend all USCIS biometrics appointments, interviews, and immigration court hearings as scheduled
• Provide required government filing fees in the correct amount and form at the time of filing
• Cooperate fully with the Firm's requests for information and documents

WARNING: Providing false information on any immigration form is a federal crime under 18 U.S.C. § 1001 and may result in deportation, bars to future benefits, and criminal prosecution. Client must be truthful in all communications with the Firm and with government agencies.

10. Termination

10.1 By Client

Client may terminate at any time. The Firm will calculate the reasonable value of services performed and refund any unearned balance from the flat fee. Client remains responsible for any government filing fees already submitted to USCIS or EOIR (which are generally non-refundable).

10.2 By the Firm

The Firm may withdraw as permitted by applicable rules, including:

• Client's failure to provide necessary documents or cooperation
• Discovery of material misrepresentation by Client
• Conflict of interest
• Client's failure to make required payments

Upon withdrawal, the Firm will file Form G-28-1 (Withdrawal of Appearance) as required and take steps to protect Client's interests.

10.3 File Return

Upon termination, Client will receive all original documents provided by Client and file copies upon written request.

11. State-Specific Disclosure Notes

California

California Business and Professions Code § 6148 requires written fee agreements when fees exceed $1,000. A signed duplicate must be provided at execution. California Business and Professions Code § 22440 et seq. (Immigration Consultants Act) prohibits non-attorneys from providing immigration legal services for a fee. California Rules of Professional Conduct Rule 1.5 applies.

Texas

Texas Disciplinary Rule 1.04 requires written fee disclosure for new clients. Texas requires immigration attorneys to comply with both state professional responsibility rules and federal EOIR regulations. Texas has specific restrictions on "immigration consultants" providing legal services.

Florida

Florida Bar Rule 4-1.5 governs attorney fee agreements. Florida has enacted laws specifically prohibiting unauthorized immigration practice (Fla. Stat. § 454.23). Written fee agreements are required for immigration matters under Florida Bar rules.

New York

New York Rules of Professional Conduct Rule 1.5(b) requires written fee disclosure. New York has specific statutes governing immigration service providers (General Business Law § 460 et seq.), making it a crime for non-attorneys to charge for immigration services. New York 22 NYCRR Part 1215 requires a letter of engagement for most matters over $3,000.

12. Fee Dispute Resolution

☐ Good faith negotiation (30 days)
☐ Mandatory state bar fee arbitration where applicable
☐ Mediation
☐ Court action in [________________________________] County, [________________________________]

13. Governing Law

This Agreement is governed by the laws of the State of [________________________________], applicable federal immigration law, and applicable Rules of Professional Conduct.

14. Client Acknowledgment

By signing below, Client acknowledges:

1. Client understands the scope of services and what is included and excluded.
2. Client understands that government filing fees are separate and additional.
3. Client understands that no outcome is guaranteed and processing times vary.
4. Client has received a signed copy of this Agreement.
5. The attorney fee is negotiable and not set by law.
6. Client must provide truthful information on all immigration documents.

15. Signatures

CLIENT:

Signature: __________________________ Date: [__/__/____]

Printed Name: [________________________________]

A-Number: [________________________________]

If Second Client / Co-Petitioner:

Signature: __________________________ Date: [__/__/____]

Printed Name: [________________________________]

ATTORNEY/LAW FIRM:

Signature: __________________________ Date: [__/__/____]

Printed Name: [________________________________]

Firm Name: [________________________________]

State Bar Number: [________________________________]

Sources and References

• ABA Model Rule 1.5: https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_5_fees/
• USCIS Fee Schedule (G-1055, effective 03/01/26): https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf
• USCIS Fee Calculator: https://www.uscis.gov/feecalculator
• 8 C.F.R. § 292 (USCIS Representation): https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-292
• EOIR Practitioner Conduct: https://www.justice.gov/eoir/practitioner-conduct
• California Immigration Consultants Act (BPC § 22440): https://leginfo.legislature.ca.gov
• Form G-28: https://www.uscis.gov/g-28