Approved or Refunded: Terms and Conditions

EFFECTIVE DATE: September 24, 2026

APPLIES TO: engagement letters signed on or after the effective date

This page sets out the full terms and conditions of the Kulen Law Firm P.C. Approved or Refunded program (the “Program”). These terms are incorporated by reference into your engagement letter when you retain the firm for an eligible petition. The guarantee level assigned in your engagement letter controls which remedy in Section 4 applies to your case.

1. Eligible petition type

The Program applies only to EB-2 National Interest Waiver petitions (Form I-140) where Kulen Law Firm P.C. is retained as counsel of record and the engagement letter states that the petition is enrolled in the Program.

The Program does not apply to consular processing, adjustment of status (Form I-485), H-1B, L-1, E-1/E-2, F-1/OPT, family-based petitions, asylum cases, removal defense, or any petition type not listed above. EB-1A, EB-1B, O-1A, and O-1B petitions are not covered at this time; the firm may extend the Program to additional categories in a later phase.

2. Enrollment and guarantee levels

A petition is enrolled in the Program only when all of the following conditions are met at the time of engagement:

• Kulen Law Firm has conducted a full, free evaluation of the prospective client's proposed endeavor, credentials, employment history, education, and supporting documentation.
• Kulen Law Firm has determined, in its sole professional legal judgment, the guarantee level appropriate to the case.
• The prospective client has disclosed all material facts about their background, including any prior visa petitions, denials, prior immigration violations, criminal history, and any prior representation by other counsel.
• The prospective client is able to deliver all materials and supporting documentation that the client described as existing or available during the initial evaluation on which Kulen Law Firm based the guarantee level.
• The prospective client has signed a written engagement letter that states the assigned guarantee level and incorporates these terms.

The firm assigns one of four guarantee levels: Full Refund Guarantee (Level 1), Conditional Full Refund Guarantee (Level 2), Refile Guarantee (Level 3), or Full Representation (Level 4). The assigned level is stated in the engagement letter before signing, and the remedy for that level, as set out in Section 4, is the exclusive remedy under the Program. If any enrollment condition is not met at engagement, or is determined later not to have been met, the petition is not enrolled and these terms do not apply.

3. What “denial” means under the Program

For purposes of the Program, “denial” means a final written denial issued by U.S. Citizenship and Immigration Services (USCIS) after:

• All Requests for Evidence (RFE) issued by USCIS have been timely responded to by Kulen Law Firm; and
• All Notices of Intent to Deny (NOID), if any, have been timely responded to by Kulen Law Firm; and
• The petition has not been withdrawn, abandoned, or rendered moot by client action or inaction.

A denial that occurs because the client failed to provide requested documents, missed a deadline, or instructed Kulen Law Firm not to respond to an RFE or NOID is not covered by the Program.

4. Remedies by guarantee level

The remedy below corresponding to the guarantee level stated in the client's engagement letter is the sole remedy under the Program.

• 4.1 Full Refund Guarantee (Level 1). If the petition is denied as defined in Section 3, the client chooses one of two remedies. (a) Refund: Kulen Law Firm refunds 100% of the legal fees the client paid to the firm in connection with the denied petition, within 14 business days of the firm's receipt of the client's written claim; refunds are issued by check or wire transfer to the original payor; no refile is required. (b) Refile: the firm prepares and files a new petition addressing the grounds of the denial at no additional legal fee, subject to the refile conditions in Section 4.3. If a refile elected under this Section 4.1 is also denied as defined in Section 3, the client remains entitled to the 100% refund in (a), on the same written-claim and payment terms.
• 4.2 Conditional Full Refund Guarantee (Level 2). The remedies in Section 4.1, including the choice between refund and refile and the continued refund right after an elected refile, apply, provided the specific conditions stated in the engagement letter have been met. Conditions are specific written steps that are fully within the client's control; general categories may be described publicly, and the case-specific commitments are stated only in the engagement letter. If a stated condition has not been met by the earlier of the filing of the petition or the applicable deadline in Section 5, the Conditional Full Refund Guarantee lapses automatically and the representation continues without a refund obligation. The firm will send a courtesy notice when practicable; the lapse does not depend on notice being given.
• 4.3 Refile Guarantee (Level 3). If the petition is denied as defined in Section 3, Kulen Law Firm will prepare and file a new petition addressing the grounds of the prior denial, at no additional legal fee. The refile is subject to: continued eligibility under U.S. immigration law at the time of refiling; provision by the client of any new or updated documentation necessary to address the prior denial; payment by the client of USCIS filing fees, premium processing fees, and any third-party costs (for example, expert opinion letters, business plan preparation, and translations) associated with the new petition; and a revised engagement scope confirmed in writing.
• 4.4 Full Representation (Level 4). No refund applies. Kulen Law Firm provides full representation for the flat fee stated in the engagement letter, which includes one full response to a Request for Evidence, with the scope of work set out in the engagement letter. The absence of a refund is disclosed in writing before engagement.
• 4.5 Written claim. To claim a remedy under Sections 4.1 to 4.3, the client must submit a written claim to the firm within 30 calendar days of the date of the denial notice. If the client does not submit a written claim within 30 calendar days, the firm will deem the engagement closed and no further obligations apply.

5. Client obligations, document deadline, and responsiveness

The Program is conditioned on the client:

• Providing all documents requested by the firm within 90 days of the firm's first written document request, or within the reasonable deadline the firm sets in writing for documents requested later in the representation.
• Responding to the firm's written requests for information or documents within 30 days throughout the engagement. If no response is received within 30 days, the firm will send a written reminder; if no response is received within 30 days of that reminder, the guarantee lapses automatically.
• Producing the materials and supporting documentation the client described as existing or available during the initial evaluation.
• Disclosing all material facts, and promptly informing the firm of any change in circumstances relevant to the petition.
• Having Kulen Law Firm prepare and file all responses to any Request for Evidence or Notice of Intent to Deny. A response prepared or filed by anyone other than the firm voids the guarantee.
• Following the firm's reasonable legal advice on strategy and evidence.

The 30-day response rule and the 90-day document window work together, not against each other: replying to a request within 30 days satisfies the response rule even while document gathering continues, and the 90-day window governs when the full set of requested documents must be complete.

If the client misses the 90-day document deadline or the response periods above, the guarantee lapses automatically; no notice is required for the lapse to take effect, though the firm will send a courtesy notice when practicable. The representation continues under the engagement letter.

6. What is NOT covered

The Program does not cover, and Kulen Law Firm has no refund obligation in connection with:

• USCIS filing fees, biometric fees, premium processing fees, or any other fees paid directly to a government agency.
• Translation costs, educational evaluation fees, expert opinion fees, business plan preparation costs, document acquisition costs, courier fees, or any third-party expenses.
• Voluntary withdrawal or abandonment of the petition by the client, for any reason.
• Cases where the client fails to respond to the firm's written requests within the response periods in Section 5.
• Cases where the client provided false, incomplete, or misleading information at any stage of representation.
• Cases where facts or materials the client described as existing or available during the evaluation cannot in fact be produced.
• Material changes in the client's underlying facts during the pendency of the petition that affect petition viability (for example, termination of an employment position central to a national interest argument), unless the firm agrees in writing to absorb such changes.
• Denials based on inadmissibility, prior immigration violations, or criminal history not disclosed at intake.
• Cases where the client refuses to follow Kulen Law Firm's reasonable legal advice.
• Any consequential, indirect, or speculative damages of any kind.

7. Cap on liability

The maximum liability of Kulen Law Firm P.C. under the Program is limited to the total legal fees actually paid by the client to the firm in connection with the enrolled petition. This cap applies regardless of the number of denials, RFEs, or refilings.

8. Material misrepresentation

If the client made any material misrepresentation or omission at intake or during the engagement that affected the firm's assessment or level assignment, the firm reserves the right to declare the enrollment void from the outset. Statements made during the evaluation about the existence or availability of documents, evidence, facts, or supporting materials are material for this purpose: if such materials prove not to exist or cannot be produced, the firm may declare the enrollment void or treat the guarantee as lapsed, and the representation continues under the engagement letter. In cases of void enrollment, no refund is owed and the firm is not obligated to perform further work.

9. Termination of engagement

The client may terminate the engagement at any time. If termination occurs before USCIS issues a decision, the Program does not apply and refunds, if any, are governed by the engagement letter and applicable rules of professional conduct, not by the Program.

Kulen Law Firm may terminate the representation as permitted by the New York Rules of Professional Conduct (Rule 1.16), for example where the client fails to meet the obligations in Section 5, provides false or misleading information, or fails to pay fees or costs. If the firm terminates before USCIS issues a decision, the Program does not apply, and any refund of unearned fees is governed by the engagement letter and the applicable rules of professional conduct.

10. Updates to these terms

Kulen Law Firm may update these public terms from time to time. Updates apply only to engagement letters signed on or after the update date. The terms in force when you sign your engagement letter govern your case and are not changed by later updates.

11. Governing law and dispute resolution

These terms are governed by the laws of the State of New York. Any dispute arising under or relating to the Program shall be resolved exclusively in the state or federal courts of New York County, New York, or as otherwise agreed in writing in the engagement letter.

12. Not a guarantee of outcome

Nothing in these terms or in any communication from Kulen Law Firm constitutes a guarantee that USCIS will approve any petition. Immigration outcomes are determined by USCIS in its sole discretion, applying federal law and policy. The Program is a guarantee of fee accountability, not of immigration outcome.

13. Contact

Questions about the Program may be directed to Kulen Law Firm P.C., 264 W 40th Street, 18th Floor, New York, NY 10018 · +1 (212) 904-1506 · kulen@kulenlawfirm.com.

Approved or Refunded: EB-2 NIW Money-Back Guarantee

• 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.