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GuideFAQ

Frequently Asked Questions

Common questions about visa applications, criteria, and the Visa Engine platform

How many criteria do I need to meet?

It depends on the visa type:

  • O-1A: At least 3 of 8 criteria, OR a major internationally recognized award (e.g., Nobel Prize)
  • EB-1A: At least 3 of 10 criteria, OR a major internationally recognized award
  • EB-2 NIW: All 3 Dhanasar prongs, plus an advanced degree or exceptional ability
  • O-1B: At least 3 of 6 criteria

Meeting the minimum number is necessary but not sufficient. USCIS then conducts a "final merits determination" evaluating whether the totality of your evidence demonstrates extraordinary ability.

What's the difference between O-1A and EB-1A?

Both require extraordinary ability, but they serve different purposes:

| | O-1A | EB-1A | |---|---|---| | Type | Temporary (nonimmigrant) | Permanent (green card) | | Duration | Up to 3 years, renewable | Permanent | | Self-petition | No — requires employer sponsor | Yes — can self-petition | | Criteria | 3 of 8 | 3 of 10 | | Labor cert | Not required | Not required | | Evidentiary bar | High | Generally higher |

Many applicants use O-1A as a stepping stone while preparing an EB-1A petition.

Can I self-petition?

  • EB-1A: Yes. You can file Form I-140 on your own behalf.
  • EB-2 NIW: Yes. The National Interest Waiver specifically waives the employer sponsorship requirement.
  • O-1A / O-1B: No. An employer or agent must file Form I-129 on your behalf.

What happens if I get an RFE?

A Request for Evidence (RFE) is not a denial — it's an opportunity to strengthen your petition. You typically have 87 days to respond. Common RFE triggers include:

  • Insufficient evidence for a claimed criterion
  • Missing comparison data for high salary claims
  • Generic recommendation letters without specific contribution details
  • Awards that lack evidence of national/international recognition

Respond to every point raised in the RFE with specific, documented evidence.

Does Visa Engine provide legal advice?

No. Visa Engine is an educational and analytical tool that helps you understand visa requirements and assess your evidence against published criteria. The analysis is grounded in publicly available immigration policy.

For legal advice specific to your situation, consult a qualified immigration attorney. Our guide content is for informational purposes only.

How does the AI analysis work?

When you upload a document, our AI pipeline:

  1. Extracts the text content from your document
  2. Analyzes it against the criteria for your visa type, using immigration policy knowledge (RAG-grounded)
  3. Scores the document on evidence quality and identifies which criteria it supports
  4. Assesses your overall case readiness across all uploaded documents

The analysis uses structured evaluation rubrics and is grounded in actual USCIS policy — not generic AI knowledge.