Hiring Guide
Immigration consulting requires careful vetting. Errors in applications, missed deadlines, or the wrong visa category can cause significant delays or create complications that affect future eligibility. Getting qualified guidance early — before submitting anything — is the most reliable way to protect your timeline and options. The immigration field includes practitioners with very different credentials and authorities. In the United States, only licensed attorneys and accredited representatives approved by the Board of Immigration Appeals (BIA) are authorized to represent clients before USCIS and immigration courts. Non-attorney consultants may assist with administrative tasks in limited contexts but cannot provide legal advice or appear in proceedings. Understanding what your advisor is authorized to do is an important first step in choosing who to work with. Even among attorneys, immigration law is complex and highly specialized. The distinction between a work visa and an employment-based green card pathway, the nuances of consular processing versus adjustment of status, and the specifics of each visa category require detailed and current knowledge. This guide helps you find the right immigration expert for your situation, evaluate their experience rigorously, and avoid the practitioners who could cost you far more than their fee.
Official source for US immigration forms, processing times, and eligibility requirements.
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Use these in an intro call or first session to quickly assess fit and expertise.
1.Are you a licensed immigration attorney or a BIA-accredited representative, and what are you specifically authorized to do on my behalf?
Why it matters: The distinction between a licensed attorney and a non-attorney immigration consultant is not administrative — it determines whether the person can legally represent you, give you binding legal advice, and advocate on your behalf if problems arise. Non-attorneys cannot represent clients in USCIS proceedings or before immigration courts. Knowing exactly what authorization your advisor holds determines what they can and cannot do for you.
2.How many cases like mine have you filed in the past year, and what has your approval rate been on this category?
Why it matters: Recent filing volume is the best proxy for current expertise on a specific visa category. Immigration law evolves constantly — USCIS policy guidance updates, RFE trends shift, processing times and adjudication standards change. An attorney who files your type of case regularly is seeing these patterns in real time; one who handles it occasionally may be working from outdated knowledge. Approval rate data, while imperfect, signals whether their filings are being prepared to a high standard.
3.What is the realistic timeline for my situation, including potential delays or complications?
Why it matters: Immigration timelines involve multiple interdependent steps, and optimistic estimates without contingency planning leave clients unprepared. Understanding the realistic range — including the possibility of a Request for Evidence, processing backlogs, consular scheduling delays, or priority date movement — lets you plan your life around accurate expectations rather than best-case scenarios that often don't materialize.
4.Are there any aspects of my situation — prior applications, overstays, status issues, or country-specific factors — that could create complications, and how do you handle those?
Why it matters: This question directly tests whether the attorney is probing your full history before forming a view. Immigration history complications do not disqualify applicants from all pathways, but they affect which pathways are available, what disclosures are required, and what the risk profile of each route looks like. An attorney who advises without specifically asking about your full history may be giving you dangerously incomplete guidance.
5.What is the strongest and weakest part of my current case for this pathway?
Why it matters: Asking an attorney to identify both the strongest and weakest aspects of your case reveals whether they are doing genuine legal analysis or simply confirming your preferred outcome. The weakest part of a case is often where denials or RFEs originate — an attorney who can identify it clearly and tell you how to address it is providing analysis that is more valuable than reassurance.
6.What are the alternative pathways I should consider, and what are the tradeoffs between them?
Why it matters: Most immigration situations have more than one viable pathway, and they differ significantly in timeline, cost, evidence burden, risk profile, and long-term immigration consequences. An attorney who presents only one option without explaining alternatives may have limited experience with your options, or may be defaulting to the pathway they know best rather than the one that is best for your situation.
7.How do you handle a Request for Evidence or an unexpected complication mid-process?
Why it matters: RFEs are common in many visa categories, and how an attorney responds to one is one of the most important tests of their competence. Asking this question in advance reveals their experience with RFEs on your specific category, the quality of their response process, and whether they have a systematic approach to evidence preparation — versus treating it as an exception they hadn't anticipated.
8.What are the consequences if this application is denied, and are there any actions I should avoid taking while this matter is pending?
Why it matters: Denial consequences in immigration range from reapplication delays to multi-year bars on re-entry and permanent ineligibility for certain pathways. Understanding the downside scenario — including any actions that could create additional complications — is critical for informed decision-making. Advisors who don't proactively raise these consequences are leaving you without essential information about the risk you're taking.
Immigration consulting sessions begin with a clear assessment of your situation — your current status, goals, timeline, and eligibility. Your expert will walk you through your options, flag risks, and outline the most viable path. Expect direct, plain-language guidance on a topic that's often unnecessarily opaque.
O-1 Visa
The O-1 visa is a US nonimmigrant visa for individuals who possess extraordinary ability in their field — defined as the top of their occupation — in science, arts, education, business, or athletics.
H-1B Visa
The H-1B is a US nonimmigrant work visa for specialty occupation workers — typically requiring at least a bachelor's degree in a relevant field — sponsored by a US employer.
Green Card (Permanent Resident Card)
A green card (officially the Permanent Resident Card) grants foreign nationals lawful permanent residence in the United States — the right to live and work permanently without requiring a separate visa. Green card holders can apply for US citizenship after 3–5 years of residency.
Naturalization
Naturalization is the legal process by which a foreign national becomes a US citizen. To qualify, applicants must generally have been a lawful permanent resident for 3–5 years, meet continuous residence and physical presence requirements, demonstrate good moral character, pass an English and civics test, and take an oath of allegiance.
F-1 Visa
The F-1 visa is the most common US student visa, allowing foreign nationals to pursue full-time academic study at a USCIS-approved institution. F-1 students may work on campus and, after completing a degree, qualify for Optional Practical Training (OPT) to work in the US for up to 3 years in STEM fields.
Written by James Chae — Co-Founder, Expert Sapiens
Platform expertise: Immigration consulting & visa services · Reviewed March 2026