Flat fee vs. hourly billing

• The majority of E-2 visa lawyers will charge an upfront fee for the entire application.
• Hourly billing is less common but may apply in very complex cases or for limited consultations till the client is completely onboarded.
• The flat rates are more predictable to the petitioner, mostly to first-time applicants.

Typical additional costs

Regardless of having a flat fee, some services might cost:

• Business plan support: typically about USD 1,000 when developed or organized by the law firm, but the cost may decrease with shared initial drafts.
• Response to a Request for Evidence (RFE): approximately USD 500 – 1,000, depending on the scope of the request.
• Consulate-related complications or additional legal work may also increase fees.

Factors affecting the total E-2 attorney cost

Several other factors influence how much you ultimately pay:

• Whether the lawyer is U.S.based.
• The attorney’s experience with lower-investment cases (e.g., under USD 100,000).
• The complexity of your source-of-funds documentation or of preparing a paper trail from scratch.
• Whether your business is already operational, and your capital is at a significant risk.

Timing can also matter. Some applicants retain a lawyer early for guidance on structuring the investment, but wait months before filing. This might be slightly more expensive, but it ensures a more thorough process.

In certain cases, engagement agreements expire after a year, and firms may charge additional fees to restart work on your petition.

Before hiring counsel, request a clear breakdown of what the flat fee includes, what triggers additional charges, and the duration or deadline of the representation period.