1. They Grade Themselves on RFE Rate—Not Approval Rate
Most EB-1 attorneys brag about their “low RFE rate.” That’s the red flag. A low RFE rate just means they’re playing it safe—filing only cookie-cutter cases they know USCIS won’t challenge. The real metric is approval rate after RFE. Ask for that number. If they hesitate, walk.
2. The “Premium Processing” Upsell is a Profit Center
Attorneys push premium processing like it’s a magic bullet. It’s not. Premium only speeds up the first look; it doesn’t improve the odds. Worse, some attorneys pad their flat fee by $2,500 and pocket the $1,500 USCIS premium fee as pure profit. Always ask: “Is the premium fee passed through to USCIS or kept by you?” If they keep it, they’re double-dipping.
3. The “Team of Experts” is a Rotating Cast of Paralegals
Fancy websites show “senior attorneys” and “former USCIS officers.” In reality, your case is handled by a paralegal who changes every six months. Demand the name and bar number of the family immigration lawyer Texas who will sign your I-140. Then verify their disciplinary history on the state bar website. If they can’t give you a name, they’re hiding turnover.
4. They Reuse Old Evidence Like a Fast-Fashion Brand
Many attorneys recycle the same exhibits for every client: a boilerplate recommendation letter, a generic press release, a one-page conference agenda. USCIS sees the same cut-and-paste language and flags it as weak. Insist on a fresh evidence audit. If they can’t explain why each exhibit is unique to you, they’re phoning it in.
5. The “Success Stories” Are Cherry-Picked from 2017
Attorneys showcase approvals from years when USCIS was lenient. Ask for the approval rate on cases filed in the last 12 months. If they dodge, they’re selling nostalgia. Also, demand the denial rate for the same period. A 90% approval rate means nothing if they filed only 10 cases. Push for raw numbers—at least 50 cases in the last year—to spot the real performers.