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PROFESSIONAL SERVICES AGREEMENT

FOR EB-3 VISA GREEN CARD CLIENTS

CLIENT NAME: __________________________________________________________________

This engagement agreement is intended to confirm the terms and conditions of our understanding and
agreement (the “Agreement”) by and between the above-named client (hereinafter the “Client” or “you”),
and between EB3 DIRECT, LLC (hereinafter “EB3 DIRECT” or “we” or “us”) of Austin, Texas.

DEFINITIONS
As used in this Agreement, the following terms are intended to have the meanings set forth below:
▪ Client – shall refer to the foreign worker named above who has retained the professional services of
EB3 DIRECT in order to help them complete their application for an employment-based Green Card
under the applicable provisions of the EB3 Visa Program.
▪ EB3 Visa Program – shall refer to the employment-based Green Card program promulgated by U.S.
Citizenship and Immigration Services (“USCIS”) pursuant to Title 8 Code of Federal Regulations §204.5, and
pursuant to §203(b) of the Immigration and Nationality Act, as amended, and pursuant to Public Law 101-
649, as amended, and the U.S. Department of State, the U.S. Department of Labor, and all applicable
regulations promulgated thereby.
▪ Sponsoring Employer – shall refer to any U.S. company operating under contract with EB3 DIRECT or with
any of EB3 DIRECT’s affiliated entities in connection with said company’s desire to hire foreign workers
(i.e., the Clients referred to above) pursuant to the applicable provisions of the EB3 Visa Program, due to
the company’s inability to find a sufficient number of qualified, available, willing U.S. workers in their local
labor marketplace to fill any job vacancies which exist at the company.
▪ Adjustment of Status – shall mean the process whereby a Client living in the U.S. as a lawful temporary
resident is able to change their non-immigrant visa status into permanent resident status.
▪ Consular Interview – shall mean the Green Card interview which may be required by the National
Visa Center and/or by the U.S. Department of State and/or by the U.S. Department of Homeland
Security at a U.S. consular post located outside of the U.S. in connection with the Client’s application
for an employment-based Green Card under the applicable provisions of the EB3 Visa Program.

PROFESSIONAL SERVICES PROVIDED BY EB3 DIRECT


The following is a schedule of the professional services EB3 DIRECT will provide to the Client:

Legal Document Preparation and Filing Services:


▪ In our professional capacity as legal document preparers, we render legal document preparation
services to Clients who wish to apply for and obtain permanent resident visa status (a Green Card)
in the United States of America through the applicable provisions of the EB3 Visa Program.
▪ We possess expertise in the preparation and filing of immigration forms and related documents,
such as are required in connection with EB3 Visa Program.

11801 DOMAIN BLVD, STE. 300 | AUSTIN, TEXAS 78758 | PH (512) 600-0250 FAX (512) 600-0253 | WWW.EB3DIRECT.COM
Professional Services Agreement
For EB3 Visa Green Card Clients
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▪ In connection with the Client’s application to obtain a permanent resident visa (a Green Card)
under the EB3 Visa Program, we will assist the Client to prepare and file all such immigration forms
and any related documents as may be required by USCIS and/or by the U.S. Department of State
and/or by the U.S. Department of Labor, and/or by the National Visa Center.
▪ In connection with the Client’s application to obtain a permanent resident visa (a Green Card)
through the EB3 Visa Program, and as directed by the Client, we will complete and file the
immigration forms and legal documents they have selected and/or determined to use in
connection with their Green Card application.
▪ We will provide the Client with general facts, legal information and published literature pertaining
to the legal rights, procedures and options available to them in their employment-based Green
Card matter, which documents have been published by authoritative legal sources, such as USCIS,
the U.S. Department of State, the U.S. Department of Labor, or the National Visa Center.
▪ We will also provide published legal documents and forms, and we will file such legal documents
and forms, as directed by our Clients, with the appropriate U.S. government agencies.

Adjustment of Status – Preparation, Filing and Support Services:


▪ As may be required, we will assist the Client to complete and submit any legal forms, documents,
and other information which may be required by USCIS and/or by any other agency of the U.S.
government in connection with the Client’s application to change any non-immigrant visa status
they may already have into permanent resident visa status.
▪ Also as may be required, and to the extent permissible, we will assist Client to schedule, prepare
for and attend their immigrant visa interview which may be required at a USCIS field office located
within the United States in connection with the Client’s application to obtain a Green Card.

Consular Interview – Preparation, Scheduling and Support Services:


▪ As may be required, and to the extent permissible, we will assist the Client to obtain, complete
and submit any and all legal forms, documents, and other information which may be required by
the U.S. Department of State and/or the National Visa Center in connection with the Client’s
application to obtain permanent resident visa status in the United States.
▪ As may be required, and to the extent permissible, we will help Client complete their application,
registration, and scheduling processes which may be required by the U.S. Department of State or
other government agencies in connection with the Client’s application to obtain a Green Card.

FEES FOR PROFESSIONAL SERVICES


The professional fees charged by EB3 DIRECT for provision of our professional services are listed in the
Schedule of Fees included as “Schedule A”, which is attached hereto and is made a part of this Agreement
by this reference. Clients are paying only for our provision of the Professional Services specified in the
preceding section of this Agreement, and for any additional services specified in the attached Schedule A,
and for no other services.

QUALIFYING OFFERS OF EMPLOYMENT & JOB PLACEMENT SERVICES


The primary basis of approval for an employment-based Green Card by any foreign worker under provision
of the EB3 Visa Program is that they be qualified, available and willing to accept an offer of full-time,
permanent employment that they have received from a U.S. employer who has first made a good faith
effort to find U.S. workers, but who has been unable to fulfill their staffing requirements with a sufficient
number of U.S. workers. EB3 DIRECT engages such Sponsoring Employers throughout the United States who

11801 DOMAIN BLVD, STE. 300 | AUSTIN, TEXAS 78758 | PH (512) 600-0250 FAX (512) 600-0253 | WWW.EB3DIRECT.COM
Professional Services Agreement
For EB3 Visa Green Card Clients
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operate in a variety of commercial activities. Reasonable efforts will be made to accommodate specific requests
made by the Client as to the type and location of any job offers which may be provided to the Client by any of
the Sponsoring Employers; but due to the uncertainty of the outcome of any such job offers which may be
received by the Client, no assurances can be provided to the Client with respect to the outcome of any request
for a particular job, or with respect to the outcome of any job offer, or with regard to the location or type of
job offer a particular Client may receive from any of the Sponsoring Employers we are working with. EB3 DIRECT
does not charge any fees to any Clients in connection with such job placement services; and no fees paid to
EB3 DIRECT by any Client are attributable to any work performed by EB3 DIRECT in connection with such job
placement services. Our Clients do not pay any fees or costs of any kind in connection with any job offers they
receive from any of the Sponsoring Employers we are affiliated with.

CLIENT RESPONSIBILITIES
In addition to being responsible for providing EB3 DIRECT with accurate, timely responses to any requests
for information, documents and/or any other details which may be requested by EB3 DIRECT during the
Client’s Green Card application process, it is the responsibility of each Client to adequately prepare for and
to successfully pass their respective consular interview or Adjustment of Status (“AOS”) interview, as may be
applicable in each case. Neither EB3 DIRECT or any Sponsoring Employer is able to represent a Client when the
Client attends their consular or AOS interview, or to provide any guarantee that any particular Client is, or will
be, eligible to receive status as a lawful permanent resident of the United States following any such interview;
because such determinations are made solely by federal agencies of the government of the United States, and
because such determinations are contingent upon the Client’s personal immigration history, their criminal and
health records, and other matters of a uniquely personal nature with respect to each Client which are beyond
the knowledge, control or influence of EB3 DIRECT and any of the Sponsoring Employers we are affiliated with.

PERFORMANCE GUARANTEE: VISA PETITION & CONSULAR INTERVIEW


Consistent with our customary practice, EB3 DIRECT hereby affirms that we will use all reasonable efforts
and all legally permissible means available in the fulfillment of our professional duties, as described in this
Agreement. We cannot, however, provide any assurances about the successful outcome of any particular
job offer which may be requested or received by any Client, because we do not know whether the Client
will meet the hiring criteria required by a particular Sponsoring Employer, or whether the U.S. Department
of Labor, USCIS, the National Visa Center, or the U.S. Department of State will allow any particular Client
to use any specific job offer which they have received from any of our Sponsoring Employers as the basis
for approval of the Client’s permanent resident visa petition or Green Card. Though we are unable to
provide any assurance that each Client will meet the eligibility criteria of the EB3 Visa Program, as noted
in the preceding section of this Agreement, and though we are unable to provide any assurance that any
specific Client will meet the unique employment specifications required by any of our Sponsoring
Employers, EB3 DIRECT does unconditionally guarantee that we will work with each Client until such time
as they have received a qualifying offer of employment from at least one of our Sponsoring Employers
which results in the Client’s receipt of an approved permanent resident visa petition from USCIS. However,
the final step in the immigration process – which consists of the Client’s consular or AOS interview – is the
sole and personal responsibility of the Client; so while we are able to help each Client schedule, prepare
for and complete certain tasks which are required prior to this important event, each Client must bear full
responsibility for successfully scheduling, preparing for, attending and passing their respective consular
or AOS interview.

TIMING REQUIREMENTS
Because the circumstances, background and other pertinent factors of each Client’s case are unique, and
because response times from one client to the next, as well as response times from any government

11801 DOMAIN BLVD, STE. 300 | AUSTIN, TEXAS 78758 | PH (512) 600-0250 FAX (512) 600-0253 | WWW.EB3DIRECT.COM
Professional Services Agreement
For EB3 Visa Green Card Clients
Page 4

agencies which may be involved, can vary significantly from one case to the next, we are unable to offer
any predictions as to the amount of time it might take for the completion of a specific phase of any case,
or to estimate the amount of time it might take for any particular case to be brought to its final conclusion.

CONFIDENTIALITY & CONSENT TO DISCLOSURE


During this engagement the Client will provide EB3 DIRECT with information of a personal and confidential
nature. All such information shall be held by EB3 DIRECT in the strictest of confidence, and shall be used
by EB3 DIRECT only for the furtherance of the purposes specified herein. Client understands that any or
all of the information which is provided to EB3 DIRECT may subsequently be disclosed to USCIS, or to the
National Visa Center, or to the U.S. Department of State, and/or to any other U.S. governmental agencies
which require disclosure of such information. Client hereby agrees that any such disclosure of the Client’s
information by EB3 DIRECT may be made without the Client’s advance notice, consent or pre-approval.

NOTICES
Any notice under this Agreement shall be in writing and shall be delivered in person or by public or private
courier service, including U.S. Postal Service, to the respective parties at the following delivery addresses:

Notices to Client Notices to EB3 DIRECT

________________________________________ Jerald Salisbury, CPA


EB3 DIRECT
________________________________________ 10900 Research Blvd, Ste 160 C
Austin, Texas 78759
________________________________________ Phone (512) 600-0250
Fax (512) 600-0253
________________________________________ Email jerald@eb3direct.com

ADDITIONAL PROVISIONS
Entire Agreement. This written Agreement represents the entire agreement between the parties hereto.
Any modification of this Agreement must be made in writing, and it must be signed by the Client and by
EB3 DIRECT in order to be valid and binding upon the Parties hereto.

Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal
or unenforceable, such invalidity shall not affect the validity of the other provisions, which shall remain in force
and effect.

Headings. All titles and headings in this Agreement are intended solely for reference, and shall in no way
limit or otherwise affect the interpretation of any of the provisions hereof.

Representation of Counsel. Client acknowledge that prior to executing this Agreement they have been
advised to seek independent legal counsel. In executing this Agreement, Client represents and warrants
that they have relied exclusively upon the advice of their independent legal counsel and advisors, and that
they are not entering into this Agreement based upon any representation of any other party.

Applicable Law. This Agreement shall be governed in accordance with the applicable immigration laws of
United States of America, and by the laws of the State of Texas, without regard to its principles governing
the conflicts of law. It is acknowledged and agreed by the parties that any controversy arising in connection
with this Agreement will be filed and heard in a court of competent jurisdiction sitting in Travis County, Texas.

11801 DOMAIN BLVD, STE. 300 | AUSTIN, TEXAS 78758 | PH (512) 600-0250 FAX (512) 600-0253 | WWW.EB3DIRECT.COM
Professional Services Agreement
For EB3 Visa Green Card Clients
Page 5

IN WITNESS WHEREOF, the parties acknowledge that they have read and understand this Agreement in
its entirety, and they hereby mutually agree to be bound by the terms hereof:

BY AND ON BEHALF OF CLIENT BY AND ON BEHALF OF EB3 DIRECT

_______________________________________ _______________________________________
Signature of Client Signature of Authorized Principal

_______________________________________ _______________________________________
Date Date

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Contact Information

Client’s Printed Name: ___________________________________________________________________

Client’s Home Phone: ___________________________________________________________________

Client’s Cell Phone: _____________________________________________________________________

Client’s Email Address: __________________________________________________________________

Home or Mailing Address: ________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

11801 DOMAIN BLVD, STE. 300 | AUSTIN, TEXAS 78758 | PH (512) 600-0250 FAX (512) 600-0253 | WWW.EB3DIRECT.COM
Professional Services Agreement
For EB3 Visa Green Card Clients
Page 6

Schedule A

Schedule of Fees

Fees for Professional Services


Total Professional Fees due from Client ………………………………………………………………………… $3,500.00

Payment Terms:
Initial retainer deposit due when Client file is received by EB3 DIRECT …………………………. $1,500.00

Progress payment due when Client receives visa petition approval from USCIS …………… $1,000.00

Final payment – immediately due and payable to EB3 DIRECT


when Client receives Consular Interview notice from National Visa Center ………………….. $1,000.00

Filing Fees Due to USCIS & Other Government Agencies *

Standard filing fee for I-140 visa petition ……………………………………………………………………… $0,700.00


Optional filing fee for “Premium Processing” of the visa petition …………………………………. $1,410.00
Filing fee required to schedule Consular Interview ………………………………………………………. $0,345.00
Filing fee required for Green Card production after Consular Interview ……………………….. $0,220.00
* All government filing fees, as well as any incidental costs which may be required (for Client’s medical
exam, passport photos, translated civil documents, etc.) must be paid directly by the Client, as each
item becomes due; all such filing fees and incidental costs are subject to change without notice.

Wire Transfer Instructions


All payments due to EB3 DIRECT under this Agreement shall be made in lawful funds of the United
States of America, and shall be paid by wire transfer per the payment instructions provided below.
Use the mailing address included immediately below when sending mail, other notices or wire transfer
payments to EB3 DIRECT:

Beneficiary Bank Wells Fargo Bank, N.A. Our Mailing Address:


420 Montgomery Street EB3 Direct, LLC
San Francisco, CA 94104
10900 Research Blvd, Ste 160 C
ABA/Routing Number 121000248
Austin, Texas 78759
SWIFT/BIC (USD) WFBIUS6S
Our Office Address:
SWIFT/BIC (Foreign) WFBIUS6WFFX
EB3 Direct, LLC
Account Name EB3 Direct
The Domain in Austin
Account Number 1952938908 11801 Domain Blvd, Ste 300 (3rd Floor)
Reference (Immigrant's name goes here) Austin, Texas 78758

11801 DOMAIN BLVD, STE. 300 | AUSTIN, TEXAS 78758 | PH (512) 600-0250 FAX (512) 600-0253 | WWW.EB3DIRECT.COM

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