Look at how firms handle EB-1A and EB-2 NIW evaluations and you'll find no consensus. Some well-known firms publish free evaluations. Others publish paid consultation rates. Large corporate practices often do assessments mainly through employer programs.
There is no published data proving one model converts better. Anyone who tells you otherwise is guessing. What we can do is lay out what each model actually changes, so you can choose deliberately rather than by habit.
What a free evaluation does well
It maximizes lead volume. A free evaluation removes the biggest barrier at the top of the funnel. For firms spending heavily on marketing, that can be the difference between a full calendar and an empty one.
It suits a high-volume, process-driven practice. If your firm can screen quickly, using a written evaluation, a structured questionnaire or a short call with trained intake staff, a free first step can work well.
It meets prospects where they are. Many EB-1A and NIW prospects are early in their research and don't yet know whether they qualify. A free evaluation lets them find out without feeling they've bought something.
What it costs you
Attorney time. If every free evaluation involves an attorney, you are spending your most expensive hours on people who may never qualify or never intend to hire.
More no-shows. When booking costs nothing, missing it costs nothing either.
Positioning. Some prospects read "free" as "they need the business". For senior executives and established researchers, a paid strategy session can signal expertise.
What a paid consultation does well
Higher commitment. People who pay to speak to you show up, prepare, and come in serious about deciding.
It funds attorney time. The consultation stands on its own commercially, whether or not the prospect retains you.
It allows real strategy. A paid session can go deeper: assessing the evidence, comparing EB-1A with NIW or O-1, and setting realistic expectations. That honesty matters more than ever with EB-1A approval rates where they are. See EB-1A Approval Rates Are Falling.
What it costs you
Fewer leads. Some good prospects won't pay before they trust you, especially if competitors offer a free first step.
Pressure on the consultation to deliver. If someone pays and leaves with a vague "you might qualify", you've created a disappointed former prospect who may also leave a review.
The hybrid many firms land on
In practice, many successful immigration firms separate qualification from consultation:
- Free, fast qualification by trained intake staff. A structured conversation or questionnaire that confirms basic fit: category, field, achievements, timeline and budget. Under ABA Formal Opinion 506, non-lawyer staff can handle this kind of initial intake under attorney supervision, as long as they don't give legal advice.
- Attorney time reserved for qualified prospects. Either a free strategy call for strong-fit prospects, or a paid consultation credited against fees if they retain the firm.
That structure protects attorney time, keeps the top of the funnel open, and means the people who reach an attorney are both qualified and committed.
How to decide for your firm
Ask yourself:
- Where is your bottleneck? Not enough leads points to a free first step. Too many unqualified consultations points to qualification first, or charging.
- Who is doing your consultations? If it's a partner whose time is worth far more than any consultation fee, protect it.
- What does your market expect? Look at the five firms your prospects are most likely comparing you with.
- Can you measure the result? Whatever you choose, track booked, attended and signed consultations for at least a quarter before changing course.
Frequently asked questions
Should the consultation fee be credited against legal fees? Crediting is common and removes most of the objection to paying. It also means the fee mainly works as a commitment device rather than a revenue line.
Can non-attorney staff tell a prospect whether they qualify for EB-1A or NIW? They can gather information and explain the firm's process, but assessing whether someone qualifies is legal judgement. Structure intake so staff collect and route, and attorneys evaluate.
Does offering free evaluations hurt conversion? Not necessarily. Conversion depends far more on how quickly you respond, how well prospects are qualified, and how the consultation is run than on the price of the first step.
Want a second pair of eyes on your intake?
DSS Legal runs white-labeled client onboarding for U.S. immigration firms on a commission-only basis, and consults on intake, conversion and onboarding systems.