Approved or Refunded: Our Money-Back Guarantee for EB-2 NIW Petitions

You should not have to take a chance on your green card. When Kulen Law Firm accepts your EB-2 NIW case, we tell you in writing, before you sign, exactly which guarantee applies to your case. Our strongest level refunds 100% of your legal fees if USCIS denies. Every case we accept receives a defined package, in writing, before you commit.

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Why we offer this guarantee

Most immigration outcomes are not in the lawyer's control. The H-1B is a lottery. PERM depends on your employer cooperating with the Department of Labor. Adjustment of Status timelines sit with USCIS backlogs.

The EB-2 National Interest Waiver is different. There is no lottery and no employer to depend on. The petition is decided on its arguments and its evidence: the record you and your attorney build together. USCIS applies its own judgment to every filing, which is exactly why the strength of that record matters. If we accept your case, it is because we have reviewed your record and believe in your petition. Approved or Refunded is how we put that conviction in writing.

How it works: four written guarantee levels

Every EB-2 NIW case we agree to represent is assigned one of four guarantee levels, based on our evaluation of your proposed endeavor, your record, and your evidence. Your level is stated in writing in your engagement letter before you pay a legal fee, so you know exactly what we promise before you commit.

  • Level 1 · Full Refund Guarantee. For the strongest files. If USCIS issues a final denial, you can choose between a 100% refund of the legal fees you paid us, paid to you within 14 business days, or a free refile of your petition. No refile is required to receive the refund, and if the refiled petition is also denied, you still receive the 100% refund.
  • Level 2 · Conditional Full Refund Guarantee. For strong files with one or two specific areas to reinforce. The same choice of a 100% refund or a free refile applies, subject to conditions we clarify up front and tie to those areas: specific written steps that are fully in your control, for example finalizing your endeavor statement, securing independent expert letters, or documenting your existing collaborations and recent work. They are named in your engagement letter before you sign, and we never tie your refund to outcomes you cannot control, such as press coverage or awards. Think of it as Level 1 once those areas are closed.
  • Level 3 · Refile Guarantee. For viable files that carry more risk. If the petition is denied, we prepare and file a new petition addressing the denial grounds, at no additional legal fee.
  • Level 4 · Full Representation. For files with real potential where current USCIS policy makes the timing and outcome genuinely uncertain. We take the case and represent you fully at a flat fee that includes one full RFE response, with the full scope of work stated in your engagement letter. No refund applies, and we tell you this honestly before you engage.

Why levels instead of one blanket promise

A firm that promises the same refund to everyone must either quietly turn away most cases or promise refunds on petitions it does not fully believe in. We do neither. Every client we accept receives a defined package and a written commitment. The strongest files carry our fee on the line; where current USCIS policy makes an outcome uncertain, we say so and represent you fully rather than making a promise we cannot responsibly keep.

What is included

  • A thorough case evaluation before we agree to take your case
  • A strategy and evidence plan tailored to your profile
  • Drafting of the petition letter and all supporting documentation
  • Filing of the I-140 with USCIS
  • One full response to a Request for Evidence (RFE) at no additional legal cost, at every level including Full Representation
  • A response to a Notice of Intent to Deny (NOID), if one is issued, at every level
  • Your guarantee level, stated in writing in your engagement letter

Many firms charge an additional $2,000 to $5,000 for an RFE response on top of the original legal fee. We do not. At every level, one full RFE response is part of the case.

Every case is a flat fee. No hourly billing, and your exact fee is stated in writing in your engagement letter before you sign.

Transparent pricing

We publish our legal fees, the way few firms do. One flat fee, fixed by your professional profile, identical at every guarantee level, and stated in your engagement letter before you sign.

ProfileFlat legal fee (USD)Applies at
Scientists and researchers7,000Every level, 1 through 4
All other NIW profiles12,000Every level, 1 through 4

[Scientist and researcher definition to be inserted here: pending Remzi Bey. Required before publish, because the fee depends on it.]

USCIS filing fees, premium processing, and third-party costs such as credential evaluations, expert letters, business plan preparation, and translations are separate and are paid to the government or the provider directly.

Who qualifies

Your guarantee level is set by our evaluation and confirmed in your engagement letter. In general, enrollment requires full disclosure of your background, prior petitions, and immigration history, timely delivery of the documents we request, and that the facts and materials you describe during the evaluation exist and can be produced. Not every case qualifies for a refund-bearing level, and not every prospective client will be accepted. The evaluation is what allows us to stand behind the cases we take.

How the process works

1. Free initial evaluation. You fill out our free evaluation form. We review your CV, education, publications, work history, and goals, and we may ask you additional questions. We then tell you honestly whether your case is competitive, borderline, or not yet ready. If you want to improve your case, you can take a paid consultation.

2. Review and level assignment. If we decide your case has merit, we conduct a deeper review and assign your guarantee level. You receive a written engagement letter that states your level and its exact terms before you sign.

3. Petition preparation and filing. We gather documents from you, build the evidence package, review your personal statement and recommendation letters where applicable, and file the I-140 with USCIS.

4. RFE response, if issued. USCIS may issue a Request for Evidence. At every level, we prepare a comprehensive response at no additional legal cost.

5. Decision. If approved, your green card process moves forward. If denied, the remedy in your engagement letter applies: submit a written claim within 30 calendar days of the denial notice. If it is a Full Refund Guarantee, the refund is paid to you within 14 business days of our receipt of it.

How we compare to other firms offering guarantees

FeatureKulen Law FirmTypical competitor with a “guarantee”
RFE responseIncluded at every level$2,000 to $5,000 extra
Premium processingUsing premium processing does not affect your guaranteeOften voids or limits the guarantee
Legal feesPublished: one flat fee by profileQuoted only after consultation
Refund speed14 business daysOften 30 to 60 days, or unstated
Eligibility screeningHonest pre-acceptance evaluationSometimes accepts marginal cases behind vague promises

Frequently asked questions

Does this guarantee that USCIS will approve my petition?

No. No lawyer can guarantee a USCIS approval. The Program promises fee accountability: at the refund-bearing levels, you are refunded or refiled if USCIS denies. It is a fee guarantee, not an outcome guarantee.

Who decides my guarantee level?

We do, based on the case evaluation, and we state it in writing in your engagement letter before you sign.

What counts as a denial?

A final written denial by USCIS after all RFE and NOID responses have been submitted. If you choose not to respond to an RFE or NOID through us, the guarantee does not apply.

How fast is a refund?

Submit your written claim within 30 calendar days of the denial notice. The refund is paid within 14 business days of our receipt of it, for the Full Refund (Level 1) and Conditional (Level 2) levels. If you elected a refile and it is also denied, the same 100% refund and the same timing apply.

Can I choose a refile instead of a refund?

At the Full Refund (Level 1) and Conditional (Level 2) levels, yes: refund or free refile, your choice, and your refund right survives if the refiled petition is also denied. At the Refile level (Level 3), the free refile is the remedy by design.

What do Level 2 conditions look like?

Specific, written steps that are fully in your control: for example, finalizing your endeavor statement, securing independent expert letters, or documenting your recent work. They are named in your engagement letter before you sign. We never tie your refund to outcomes you cannot control, such as press coverage or awards.

How much does it cost?

One flat fee, published above: 7,000 USD for scientists and researchers, 12,000 USD for all other NIW profiles, identical at every guarantee level. No hourly billing. USCIS and third-party fees are separate.

Are USCIS filing fees refunded?

No. USCIS filing fees and premium processing fees are paid directly to the government and are separate from our legal fees.

Are third-party fees refunded?

No. Fees such as educational evaluation fees for advanced-degree equivalency, expert opinion letter fees, and business plan preparation fees, if required, are paid directly to the service providers and are separate from our legal fees.

What does Full Representation (Level 4) mean?

It is our honest level for real cases where current USCIS policy makes the outcome uncertain. You receive full representation, including one full RFE response, for a flat fee, without a refund, and you decide whether to proceed.

What if I withdraw for personal reasons?

The guarantee covers a USCIS denial only. Voluntary withdrawal or abandonment is not covered.

What if I am slow with documents?

The guarantee requires all requested documents within 90 days of our first written request, and responses to our requests within the periods in the Terms. If a deadline is missed, the guarantee lapses automatically, but we continue your representation.

Is the guarantee legally binding?

Yes. Your level and its terms are written into your engagement letter as a contractual obligation of Kulen Law Firm, P.C.

Most strong EB-2 NIW cases never need to test the guarantee. They are approved on the first filing. The guarantee exists because your green card is too important to take a chance on.

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  • Attorney Advertising.
  • Prior results do not guarantee a similar outcome.
  • This page summarizes the Approved or Refunded program. The controlling terms are those in your signed engagement letter with Kulen Law Firm, P.C.
  • Eligibility and guarantee level are determined by an individual case evaluation. Not every case qualifies for a refund.
  • The guarantee covers legal fees paid to the firm. It does not cover USCIS or other government fees or any third-party cost.
  • Reviewing this page does not create an attorney-client relationship.