Are Immigration Attorneys Legally Required to Communicate Only with Employer Sponsors in EB-2 Cases?

Key Takeaways

• No new legal rule forces immigration attorneys to communicate only with employers in EB-2 cases as of July 10, 2025.
• USCIS tightened EB-2 National Interest Waiver qualifications early 2025, increasing case scrutiny but not affecting attorney communication.
• Beneficiaries can request updates from employers or attorneys and use USCIS online tools to track EB-2 cases.

As of July 10, 2025, there have been no new legal requirements forcing immigration attorneys to communicate only with the employer sponsor in EB-2 visa cases. However, recent updates and ongoing questions about client rights, attorney obligations, and how beneficiaries can get case updates have made this topic especially important for both employers and foreign workers. Here’s a clear summary of what’s changed, who is affected, what actions are needed, and what these developments mean for anyone involved in the EB-2 process.

Summary of What Changed

• No new legal rule: There is still no law or regulation that says immigration attorneys must talk only to the employer sponsor in EB-2 cases.
• USCIS policy update: In early 2025, USCIS updated its guidance for the EB-2 National Interest Waiver (NIW), making it harder for candidates to qualify. This change affects how applications are reviewed but does not change how attorneys communicate with clients.
• Ongoing questions: Many people still wonder about their rights to information, especially when working with small employers or when the attorney seems to only talk to the employer.

Who Is Affected

• EB-2 visa applicants (beneficiaries): Foreign workers with advanced degrees or exceptional ability who are being sponsored by a U.S. employer.
• Employer sponsors: U.S. companies or organizations that file EB-2 petitions on behalf of foreign workers.
• Immigration attorneys: Lawyers who help prepare and file EB-2 applications, often hired by the employer but sometimes by the beneficiary.

Effective Dates

• Current as of July 10, 2025: No new communication rules have been put in place. The updated USCIS guidance for EB-2 NIW petitions is already in effect.

Required Actions

• Employers: Continue to work closely with your immigration attorney and keep your sponsored employee informed about the case.
• Beneficiaries: Ask your employer for regular updates. If you have a direct relationship with the attorney, you can also ask them for information.
• Attorneys: Make sure all parties understand who the client is and what information can be shared. Keep communication clear and transparent.

Implications for Pending Applications

• No change in communication rules: If your EB-2 application is already in process, the way your attorney communicates with you or your employer should stay the same.
• Stricter review for NIW cases: If you are applying for an EB-2 National Interest Waiver, expect more questions and a closer look at your qualifications.

Understanding the EB-2 Process and Communication Roles

The EB-2 visa is a popular option for foreign workers who have either an advanced degree (like a master’s or PhD) or can show exceptional ability in their field. The process usually involves:

1. PERM Labor Certification: The employer must first get approval from the U.S. Department of Labor, showing that no qualified U.S. worker is available for the job.
2. Form I-140 Petition: The employer files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). You can find the official form and instructions on the USCIS Form I-140 page.
3. Adjustment of Status or Consular Processing: If the petition is approved, the beneficiary can apply for a green card either in the United States 🇺🇸 or at a U.S. consulate abroad.

Who Is the Attorney’s Client?

• In most EB-2 cases, the employer sponsor is the attorney’s client. This means the attorney’s main duty is to the employer, not the beneficiary.
• Sometimes, the beneficiary hires their own attorney or has a direct agreement with the employer’s attorney. In these cases, the attorney may owe duties to both parties.

Attorney-Client Privilege and Confidentiality

• Attorney-client privilege means that private talks between an attorney and their client are protected and cannot be shared without permission.
• If the employer is the client, the attorney must keep the employer’s information private—even from the beneficiary—unless the employer says it’s okay to share.
• If the beneficiary is also a client, the attorney must protect their information as well.

How Beneficiaries Can Get Case Updates

Many foreign workers worry about being left out of the loop, especially if they work for a small employer or if the attorney only talks to the company. Here are the main ways to stay informed:

1. Ask Your Employer Sponsor

• Since the employer is usually the attorney’s client, the easiest way to get updates is to ask your employer’s HR department or the person handling your case.
• Employers should share important updates, like when the PERM is filed, when the I-140 is submitted, or if USCIS asks for more information.

2. Direct Communication with the Attorney

• If you have a direct agreement with the attorney (for example, you paid part of the legal fees or signed a contract), you can ask the attorney for updates.
• Even if you’re not the official client, many attorneys will answer basic questions or explain the process, as long as it doesn’t break their duty to the employer.

3. Use USCIS Online Tools

• You can check the status of your case using the USCIS Case Status Online tool. You’ll need your receipt number, which your employer or attorney can provide.
• This tool shows if your petition has been received, approved, or if more information is needed.

4. Get a Copy of Your Forms

• You have the right to ask your employer for copies of any forms filed on your behalf, like the PERM labor certification or Form I-140.
• If you’re applying for adjustment of status (Form I-485), you are the applicant and can communicate directly with USCIS.

Recent Policy Changes: What’s New for EB-2 National Interest Waiver (NIW) Cases

In early 2025, USCIS made it harder to qualify for the EB-2 National Interest Waiver. The NIW lets some people skip the labor certification step if they can show their work benefits the United States 🇺🇸 as a whole.

Key changes include:

• Stricter review of qualifications: USCIS now looks more closely at your education, work history, and the impact of your work.
• More detailed support letters: Letters from experts or employers must clearly explain why your work is important to the country.
• No change to attorney communication rules: These updates do not affect how attorneys must talk to employers or beneficiaries.

If you have a pending NIW application, expect more questions from USCIS and possibly longer wait times. Make sure your support letters are strong and your evidence is clear.

Practical Implications for Employers, Beneficiaries, and Attorneys

For Employer Sponsors

• Stay in touch with your sponsored worker: Share updates as soon as you get them from your attorney.
• Keep records: Save copies of all forms and notices from the attorney and USCIS.
• Be clear about who the attorney represents: If the attorney only represents the company, let the beneficiary know.

For Beneficiaries

• Ask for updates: Don’t be afraid to check in with your employer or attorney.
• Keep your own records: Save emails, forms, and notices about your case.
• Know your rights: You have the right to know the status of your application, even if you’re not the attorney’s main client.

For Immigration Attorneys

• Clarify representation: Make sure both employer and beneficiary understand who you represent.
• Communicate clearly: Even if you only represent the employer, try to answer basic questions from the beneficiary when possible.
• Protect confidentiality: Don’t share private information without your client’s permission.

What If You Work for a Small Employer?

Small employers may not have a full HR department or experience with immigration cases. This can make communication harder. Here’s what you can do:

• Set clear expectations: Ask your employer how they will keep you informed.
• Request regular updates: Suggest a schedule, like a monthly email or meeting.
• Get contact info: Ask for the attorney’s name and contact details, even if you can’t talk to them directly.

If you feel left out or worried about your case, you can also consult your own immigration attorney for advice.

What Happens If There’s a Problem?

Sometimes, communication breaks down or you feel your rights are not being respected. Here’s what you can do:

• Talk to your employer first: Most problems can be solved by asking for more information.
• Contact the attorney: If you have a direct relationship, reach out and ask for an update.
• File a complaint: If you believe the attorney is acting unethically, you can file a complaint with the state bar association.

Official Resources and Where to Get Help

For the most accurate and up-to-date information about EB-2 visas, always check the official USCIS website. This site has detailed guides, forms, and answers to common questions.

If you need legal advice, consider contacting immigration attorneys who specialize in employment-based visas. Many offer free consultations or can answer basic questions about your case.

As reported by VisaVerge.com, clear communication between all parties—employer sponsors, beneficiaries, and immigration attorneys—is key to a smooth EB-2 process. While the law does not force attorneys to talk only to the employer, everyone benefits when information is shared openly and honestly.

Looking Ahead: Possible Future Changes

Immigration policies can change quickly, especially as new laws are passed or new leaders take office. While there are no current plans to change how attorneys communicate in EB-2 cases, it’s possible that future rules could affect this process.

To stay prepared:

• Follow official updates: Check the USCIS website regularly for news and policy changes.
• Stay in touch with your attorney: Ask them to let you know about any new rules that could affect your case.
• Keep records: Save all emails, letters, and forms related to your application.

Key Takeaways and Next Steps

• No new legal rule requires immigration attorneys to communicate only with employer sponsors in EB-2 cases as of July 10, 2025.
• Beneficiaries have the right to know the status of their application, even if the employer is the attorney’s main client.
• Employers and attorneys should work together to keep beneficiaries informed and make the process as smooth as possible.
• Use official resources like the USCIS website and online case status tools to track your application.
• If you have concerns, talk to your employer or consult your own immigration attorney for help.

By understanding your rights and the roles of everyone involved, you can take charge of your EB-2 application and avoid confusion or delays. Whether you are an employer sponsor, a beneficiary, or an immigration attorney, clear communication and careful record-keeping are your best tools for success in the EB-2 process.

Learn Today

EB-2 Visa → Employment-based visa for advanced degree holders or those with exceptional ability.
NIW (National Interest Waiver) → Waives labor certification if work benefits U.S. nationally, requiring stricter USCIS review now.
PERM Labor Certification → Employer’s proof to Department of Labor that no qualified U.S. worker fills the job.
Form I-140 → Immigrant Petition for Alien Worker filed by employer requesting EB-2 visa approval.
Attorney-Client Privilege → Legal protection ensuring confidential communication between attorney and their client.

This Article in a Nutshell

As of July 2025, no law restricts EB-2 attorney communication to employers only. USCIS updated NIW rules increasing scrutiny, while beneficiaries should seek clear updates from employers or attorneys to ensure transparency in the EB-2 visa process.
— By VisaVerge.com