H-1B 抽签服务

Limited Scope Representation Agreement — H-1B Cap Registration (“Attorney Agreement”)

This Limited Scope Representation Agreement (“Attorney Agreement”) governs your engagement of the independent immigration attorney (“Attorney”) retained through AEXlaw Inc. (DBA GOH1B) (“Service Provider”) for the sole purpose of preparing and submitting an H-1B cap registration to the United States Citizenship and Immigration Services (“USCIS”). The Attorney is an independent practitioner and exercises independent professional judgment as an attorney, without influence or control by Service Provider. Your relationship with Service Provider is governed by the [Terms of Use] and [Privacy Policy].

The Client

For this engagement the client is the prospective H-1B employer (the “Client”) — the entity that would file the H-1B petition if the registration is selected. The individual named in the registration (the “Beneficiary”) is not the Attorney’s client under this Agreement. The Beneficiary supplies information used in the registration, and the Attorney does not represent the Beneficiary in any matter. Any engagement in which the Attorney would represent both the Client and the Beneficiary requires a separate written agreement.

Scope of services — registration only

For each Beneficiary named by the Client, the Attorney will:

• 1. where the Client so elects, create and administer a USCIS organizational account in the Client’s name, or work within the Client’s existing account once it is connected to the Attorney’s account;
• 2. determine the Standard Occupational Classification (SOC) code and the applicable OEWS wage level for the offered salary and area of intended employment, and confirm both with the Client before registering;
• 3. prepare the electronic registration and, as the Client’s legal counsel under the Client’s written authorization, sign and submit it to USCIS during the registration period;
• 4. provide the completed registration to the Client for review, and submit it only after the Client confirms it; and
• 5. pay the USCIS registration fee on the Client’s behalf at submission, from funds collected in advance, and report the selection result to the Client.

Form G-28 is not used at the registration stage. The Client’s written authorization appointing the Attorney as its legal counsel is required before the registration is prepared.

What is not included

This Agreement covers the H-1B cap registration only. It does not cover the Labor Condition Application, the Form I-129 petition, or any other filing, proceeding, or advice. If a registration is selected, any further work requires a separate written engagement; no fee for such work is agreed or payable under this Agreement, and the Client is under no obligation to retain the Attorney for it.

Fees

The registration service fee and the USCIS registration fee are those stated in the receipt issued at the time of engagement. Both are payable in advance. The registration service fee covers the work described above, is earned as that work is performed, and is not refundable — including where the registration is not selected, or where the Client does not go on to file a petition. The USCIS registration fee is collected by USCIS at submission and is not refundable by USCIS in any circumstance. Government fees are set by USCIS and change from time to time; the amounts shown on your receipt are those in effect when you pay.

The Client’s responsibilities and attestations

The registration is submitted with attestations made under penalty of perjury. Those attestations are the Client’s, notwithstanding that the Attorney signs and submits on the Client’s behalf. The Client confirms that:

• 1. the information it provides is complete, true, and correct;
• 2. the registration reflects a bona fide job offer;
• 3. the Client is offering the Beneficiary a salary at or above the OEWS wage level selected on the registration, for the applicable SOC code and in the area of intended employment; and
• 4. the Client has not worked with, and will not work with, any other registrant, petitioner, agent, or entity to submit an additional registration for the same Beneficiary in order to unfairly increase the chances of selection.

The Client’s authorization and questionnaire must be signed by a representative with authority to bind the Client, and not by the Beneficiary. The Client will promptly inform the Attorney of any change to the offered salary, job title, worksite, or intended start date.

Reliance on information; no guarantee

The Attorney relies entirely on the information and documents provided by the Client and the Beneficiary, and makes no independent investigation of them or of their authenticity. It is therefore extremely important that the information provided is complete and truthful. The Attorney does not promise that a registration will be selected. A registration containing inaccurate information — including passport details that do not match the Beneficiary’s travel document — may be treated by USCIS as improperly submitted, with no refund of any fee.

End of representation

The Attorney’s representation under this Agreement ends when the registration has been submitted and the selection result reported, or when the Attorney advises against submitting a registration. The fact that fees were paid in advance does not affect the Client’s right to terminate the attorney-client relationship at any time. If the representation is terminated before the agreed legal services have been completed, the Attorney will determine the portion of the fee earned as of the date of termination based on the services actually performed, and any amount paid in excess of the fee so earned will be refunded.

Service Provider’s role

Service Provider is not a law firm and does not provide legal services; its role is limited to the platform, intake, and payment processing. By consenting to the terms of this Agreement, the Client grants Service Provider permission to receive, store, forward, and review communications between the Client and the Attorney, solely for the purpose of facilitating such communications and the Attorney’s services under this Agreement. Service Provider will keep such communications and the information contained in them confidential to at least the same level of privacy as required of the Attorney under the laws and rules governing the Attorney’s communications with the Client. To the extent this Agreement conflicts with the [Privacy Policy], this Agreement controls.

Governing law and disputes

This Agreement shall be governed and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision that would cause the application of the laws of any jurisdiction other than those of the State of New York. Any dispute arising out of or relating to this Agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Arbitration Rules. Nothing in this paragraph limits any right the Client may have to resolve a fee dispute under Part 137 of the Rules of the Chief Administrative Judge of the State of New York.

Client’s Consent

I have read this Limited Scope Representation Agreement and I understand it. I am authorized to enter into it on behalf of the Client. By clicking on the “I agree” box, I indicate my consent to the terms of this Agreement, and I understand that the services described above are the only legal services to be provided by the Attorney under this Agreement, that the Attorney is not my attorney for any other purpose and does not have to give me other legal help, and that the fee shown on my receipt is my payment for those services.