Scope and Duties
By agreeing to have an attorney review your application documents, you and the Attorney enter into a limited attorney-client relationship. The Attorney agrees to assist you in filling out government forms and conduct a basic review of the H-1B application documents you have submitted. The Attorney agrees to provide, for a flat fee clearly disclosed to you prior to payment, the following services:
- Submitting Labor Certification Application (LCA);
- Filling out the I-129 Forms and relevant supplements;
- Reviewing the supporting documents, you have drafted and submitted for completeness and consistency with the forms prior to filing;
- Answering questions about the forms and supporting documents that you have submitted for the Attorney’s review;
- Providing Request for Evidence(s) (RFEs) response service; and
- Assisting you to apply for H-1B visa until you are selected in the H-1B lottery, with the condition that the H-1B sponsor/employer remains unchanged.
Client agrees to pay a REFUNDBLE service fee described in the attached invoice. If the H-1B petition is not selected in the lottery or if the H-1B petition is denied by USCIS, under the circumstance that Client does not withdraw the H-1B petition voluntarily or fails to cooperate with the Attorney, Service Provider will refund 100% of the service fee that has been received upon the receipt of USCIS decision notice(s). If the H-1B petition is selected in the lottery and the H-1B petition is denied by USCIS, the overnight shipping label and printing fees are not refundable.
Upon the Attorney’s receipt of all or any portion of the flat fee, the funds are the property of the Attorney and will not be placed in a trust account. The fact that you have paid Service Fees in advance does not affect your right to terminate the attorney-client relationship. If your relationship with the Attorney is terminated before the agreed legal services above have been completed, Service Provider will not refund the service fee that has been received.
Client understand that it is responsible for government filing fees and mailing fees. Government filing fees include but not limited to: I-129 Filing Fee, Fraud Prevention and Detection Fees, U.S. Working Training Fess, Premium Processing Fee (optional), and H-4 Filing Fee.
Limited Scope of Legal Service
The Attorney must act in your best interest and give you competent assistance. However, the Attorney’s representation of you is limited to the scope described above. The Attorney will not perform any additional legal work for you, such as representing you in any proceeding before any court or government agency, including USCIS. If you are the foreign worker, you must be certain that your employer is fully aware of the scope of the Services prior to filing the H-1B application.
You specifically agree that:
- The Attorney is relying entirely on the facts, information and documents you and/or your employer provide. The Attorney will not make any independent investigation of your and/or your employer’s facts or information, or the authenticity of any documents you provide. It is therefore extremely important that you and/or your employer are completely truthful as to any information you provide.
- The Attorney is not promising you a favorable result.
- The Attorney is not required to help you and/or your employer with any other part of your needs or any other legal questions you and/or your employer may have.
- The Attorney’s representation of you and/or your employer ends when Service Provider delivers your H-1B application document to USCIS or when the Attorney advises against filing the documents.
Governing Law and Dispute Resolution
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 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.
I have read this Agreement and I understand it. By clicking on the “I agree” box, I indicate my consent to the terms of this agreement, that the legal services listed above are the only legal services to be provided by the Attorney. I understand and agree that the attorney who is helping me with these services is not my attorney for any other purpose and does not have to give me more legal help.
I understand that the Attorney Fees and its payment schedule described in the attached invoice is my payment for the services of the Attorney (“Attorney Fee”). I agree to pay the Attorney Fees to the Attorney.