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Retainer eNIWROW V5.5

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ATTORNEY-CLIENT AGREEMENT

This ATTORNEY-CLIENT AGREEMENT (“Agreement”) is hereby entered into by and


between ___________________________ (“Client”) and Ellis Porter, PLC (“Attorney”).

1. SCOPE AND DUTIES: This section lays out the scope and duties of both Attorney
and Client. Client retains Attorney to provide legal services in connection with ONLY
the filing of an original “Expedite” EB-2 NIW I-140 immigration petition. This
encompasses 1) advice to Client regarding their I-140 petition, 2) guiding client on
evidence to marshal; 3) drafting and preparing the supporting petition legal brief, 4)
preparation of the petition package; and if relevant 5) responding to any Request for
Evidence (RFE) or Notices of Intent to Deny (NOID) if required. If an RFE or NOID is
issued recommendation and testimonial letters will be included as part of this
service if necessary to respond to the request. PLEASE NOTE that this Agreement
DOES NOT obligate Attorney to provide services in connection with any appeal to
any administrative board or any judicial courts beyond the AAO.

2. LEGAL FEES: Client agrees to pay Attorney $5,500 for legal services outlined in
this agreement. Client can choose from multiple payment options:

1) 11-month payment plan: The legal fees shall be paid and considered earned in
eleven monthly installments of $500 each with the first installment due at the
time of signing of the retainer.
2) Pay in full with $250 discount: The legal fees shall be paid and considered
earned for a discounted rate of $5,250 if the entire amount is paid within 3
business days of receiving the invoice for payment. (Please note if payment
isn’t received within 3 business days of the invoice being received by the
client the payment will automatically increase to reflect $5,500.

Please enter “1” or "2" for your choice:___________

3. TERMS OF PAYMENT PLAN: Attorney has offered to allow Client to choose a


payment plan over several months for the relevant attorney fees as outlined in
Section 2. Cases are often ready to file before all payments have been made. Client
agrees that before Attorney will file the petition, all overdue payments at the time of
filing must be paid in full. Client agrees to allow Attorney to withhold the filing of the
petition unless and until overdue payments have been made.

Overdue are payments that have otherwise come to term but not been paid. This
means if a case is ready to file in two months and the first two-month payments

ELLIS PORTER PLC | 755 W. Big Beaver Road, Suite 1100 | Troy, MI 48084 |
Phone: 248-519-9900 | ellisporter.com
have been made, the case will be filed. The case filing is not contingent on the other
payments that have yet to come to term.
If payment plan is selected, do you want Attorney to automatically charge a
credit/debit card on the due date on your behalf?

Please enter “Yes”, “No”, or “N/A”:__________________________

Address (please enter your full address): __________________________________________


Please provide your billing address even if you selected option "2" as your payment option.

Billing Email: __________________________________________

Billing Phone #: __________________________________________

4. 100% REFUND, REFILE AND APPEAL POLICY: If the Client’s I-140 petition is
officially denied by USCIS, Client will be entitled to ONE of the following options: 1)
a re-file of Client’s I-140 petition in the same category for no additional attorney or
standard filing fee; 2) an appeal of the I-140 denial to the AAO for no additional
attorney or filing fee; or 3) in lieu of a re-filed petition or appeal to the AAO, Client
may elect for a full refund of the paid and earned attorney fees.

In a refile scenario, the full refund option would still be applicable to the second
filing if it is also officially denied by USCIS.

5. FILING FEES: Client agrees to pay all relevant government filing fees that are
necessary to file the petition(s) at the time of filing. NOTE: All USCIS fees are subject
to change without notice.

6. WITHDRAWAL TERMS: Attorney acknowledges that Client has a right to


withdrawal from their petition preparation before filing at the Client’s sole request.
Client acknowledges that in the event of a withdrawal request, Client must pay for
services rendered at that time. Services rendered and the fees associated with them
are as follows:

i. Case open and file created in system: $1,000


ii. Career Summary Reviewed by Attorney: $2,000
iii. Legal Brief Drafted: $2,500

7. GUARANTEE OF PROFESSIONAL COMPETENCE: Attorney agrees to use due


diligence in furthering Client's best interests under the laws. However, Attorney
cannot and does not guarantee the outcome of the case as the decision is always up
to the reviewing officer.

ELLIS PORTER PLC | 755 W. Big Beaver Road, Suite 1100 | Troy, MI 48084 |
Phone: 248-519-9900 | ellisporter.com
8. FULL COOPERATION OF CLIENT: Client agrees to fully cooperate with Attorney
and assist in providing the necessary documents requested by Attorney in order to
adequately prepare the petition. Client acknowledges that their full cooperation is
essential to preparing the petition appropriately. Client acknowledges that a lack of
their full cooperation is grounds for breach of this agreement.

9. CONFIDENTIALITY: This Agreement creates an attorney-client relationship that


includes a duty of confidentiality. Attorney will hold information pertaining to the
Client in confidence except for which is reasonable or necessary to perform the
services contemplated within the scope of this agreement or in the case of a dispute
between Attorney and Client.

10. MODIFICATIONS: Any modification of the Agreement must be in writing and


signed by Client and Attorney.

11. PRIOR AGREEMENTS: This Agreement supersedes all prior agreements and
understandings between Client and Attorney.

12. EFFECTIVE DATE: This Agreement shall become effective when both Attorney
and Client sign it.

13. DISPUTE RESOLUTION AND BINDING ARBITRATION: In the event of a


dispute, Client agrees to submit a written, dated and signed statement via certified
mail to Attorney within 30 days of the underlying event that is the substance of the
dispute. Attorney agrees to respond to the dispute within 30 days after receiving the
letter. If satisfaction is not found by the Client after Attorney’s response, Client and
Attorney agree to informal mediation of the issue by a mediator chosen by the
Attorney. If resolution is still not found, Attorney and Client agree to submit their
dispute to binding arbitration by the American Arbitration Association.

14. VALIDITY OF CURRENT OFFER: This proposed retainer is only valid for 30
days from the date it was originally sent to Client.

If after one-year following the execution of this retainer Client has not filed their
I-140 petition that is the subject of this retainer, the terms of this agreement are
subject to reevaluation by Attorney. The reevaluation of the terms for the Full
Refund and profession attorney fees are subject to change based on current
conditions and trends at that time. This reevaluation is at the sole discretion of
Attorney.

ELLIS PORTER PLC | 755 W. Big Beaver Road, Suite 1100 | Troy, MI 48084 |
Phone: 248-519-9900 | ellisporter.com
Agreement
Client acknowledges that Client has fully read and understood Agreement. By
signing Agreement, Client hereby agrees to the terms and conditions set forth
herein.

Execution

Client:___________________________________________ Date:______________________

Attorney:________________________________________ Date:______________________

ELLIS PORTER PLC | 755 W. Big Beaver Road, Suite 1100 | Troy, MI 48084 |
Phone: 248-519-9900 | ellisporter.com

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