You have a valid visa and an EAD at the same time - which one you work on and why it matters
8 mins read | Oct 6, 2026
Form G-28, officially called the Notice of Entry of Appearance as Attorney or Accredited Representative, is one of the most commonly filed forms in U.S. immigration. It doesn't cost anything to file and it's required every time a licensed attorney or accredited representative takes on a new case before USCIS.
Without the Form G-28, USCIS won't recognize your attorney as your authorized representative and will send all correspondence directly to you instead.
What is Form G-28 and what is it used for?
Form G-28 is the document that authorizes a licensed attorney to act on behalf of an applicant, petitioner or respondent in immigration matters before USCIS. Think of it as a permission slip: once USCIS receives a signed G-28, your attorney becomes your official point of contact for that specific case.
The form itself is four pages long and captures identifying information about both the attorney and the client. The attorney must disclose their jurisdiction of licensure, bar number and whether they've ever been subject to suspension, disbarment or other disciplinary restrictions. This transparency requirement helps USCIS verify that the person representing you is actually qualified to do so.
You can find the official form and its instructions on the USCIS G-28 page. It's worth noting that Form G-28 only covers matters before USCIS. If your case involves proceedings outside the United States, your attorney would use a separate form called Form G-28I instead.
When do you need to file Form G-28?
Your immigration attorney files a Form G-28 alongside the related application, petition or appeal they're submitting on your behalf. For example, if your employer is filing a Form I-140 immigrant petition or a Form I-129 nonimmigrant worker petition, the attorney will include a signed G-28 with the filing package.
A new Form G-28 is required for each new case. If your attorney helped you with an H-1B petition last year and is now assisting with your green card application, they'll need to submit a fresh G-28 for the new filing. The form doesn't carry over across different cases or applications.
There's no filing fee for Form G-28. USCIS processes it at no cost, which is one less expense to worry about during what can already be a costly visa process. For detailed filing instructions, see the USCIS G-28 filing instructions.
Who can file Form G-28?
Form G-28 is limited to specific categories of representatives who meet defined qualifications.
| Who can file | Requirements |
|---|---|
| Licensed attorneys | Must be admitted to the bar of any U.S. state or territory and currently in good standing |
| DOJ-accredited representatives | Must work through a nonprofit organization recognized under the BIA Recognition and Accreditation program |
| Law students and graduates | Must work under the direct supervision of a qualifying attorney or accredited representative; complete Part 2 on the same G-28 |
If you're a foreign national wondering whether a family member or friend can represent you, the answer is no. Non-attorneys and family members cannot file Form G-28. Family members who want to assist with cases that involve proceedings outside the U.S. would use the separate Form G-28I, but that's a different form with different rules. Attorneys who aren't licensed in the United States also cannot use Form G-28 and must use the G-28I instead.
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What does Form G-28 authorize your attorney to do?
Once USCIS accepts a signed Form G-28, your immigration attorney gains several important abilities on your case. Understanding what the form authorizes can help you see why it matters so much in the visa application process.
With a valid G-28 on file, your attorney can:
- Communicate directly with USCIS about your case, including making inquiries, submitting additional evidence, and requesting updates on processing time.
- Receive all correspondence and notices that USCIS issues for your case. This includes approval notices, requests for evidence (RFEs), interview notices, and any decisions.
- Respond to RFEs on your behalf. If USCIS needs more documentation or clarification, your attorney handles the response, which is especially valuable since RFE deadlines are strict.
- Attend interviews with you at USCIS field offices. Having your immigration attorney present during an interview can make a real difference if the officer has questions about your petition or visa status.
- Manage the case overall, including filing motions, appeals or follow-up applications tied to the original matter.
Without a G-28 on file, USCIS will send everything directly to the petitioner or applicant. That means you'd be responsible for tracking deadlines, interpreting legal notices and responding to RFEs on your own. For most people navigating U.S. immigration, having professional representation through a properly filed G-28 is well worth it.
How Form G-28 works with common immigration filings
Form G-28 doesn't exist in a vacuum. It's filed alongside virtually every type of immigration form your attorney submits to USCIS. Here are some common scenarios where you'll see a G-28 included:
- Work visa petitions: When your employer files a Form I-129 for an H-1B, L-1, O-1, or other nonimmigrant visa, the company's immigration attorney includes a G-28 to represent the petitioner (and sometimes a separate G-28 for the beneficiary).
- Immigrant petitions: If you're pursuing a green card through employment, your attorney files a G-28 alongside the Form I-140 petition.
- Adjustment of status: When you file Form I-485 to adjust to permanent resident status while in the U.S., your attorney submits a G-28 with that application too.
- Appeals and motions: If a case is denied and your attorney files an appeal or a motion to reopen, a new G-28 accompanies that filing.
Each filing is a separate case in USCIS's system, which is why a new Form G-28 immigration filing is needed every time.
Can you revoke or change your Form G-28?
Yes. Either you or your attorney can revoke or withdraw the G-28 at any time. If you decide to change attorneys, your new attorney will file a fresh G-28 that replaces the previous one. If you want to stop being represented altogether, you can notify USCIS in writing that you're revoking your attorney's authority.
Similarly, if your attorney needs to withdraw from your case, they can do so by notifying USCIS in writing. Once the revocation or withdrawal is processed, USCIS will begin sending all correspondence directly to you, the applicant or petitioner, rather than to the attorney.
This flexibility is important because immigration cases can take months or even years. Your circumstances may change, you might move to a different state, or you might simply want to work with a different immigration services provider. The G-28 process accommodates those changes without disrupting your underlying case.