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Visa eligibility screener

Check yourself against the criteria USCIS actually applies to O-1A, EB-1A, and EB-2 NIW petitions — the regulatory text, with the citation for each item. Tick what your record genuinely supports with documents, not what you could argue on a good day. Everything runs in your browser; nothing is submitted or stored.

O-1A — extraordinary ability (nonimmigrant)

A temporary work visa for a beneficiary with extraordinary ability in the sciences, education, business, or athletics. Requires a U.S. petitioner or agent — it cannot be self-petitioned. Meet at least 3 of 8. 8 C.F.R. § 214.2(o)(3)(iii)(B)

EB-1A — extraordinary ability (green card)

A first-preference employment green card that can be self-petitioned — no employer and no labor certification. The evidentiary bar is higher than O-1A even though the criteria look similar. Meet at least 3 of 10. 8 C.F.R. § 204.5(h)(3)

EB-2 NIW — national interest waiver (green card)

A second-preference green card that waives the job offer and labor certification. Judged on three prongs rather than a criteria count — all three must be satisfied. All three prongs must be satisfied. Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)

This is a self-assessment, not an eligibility determination. Counting criteria is the first half of how USCIS decides these cases; the second half weighs the strength of the evidence behind each one, and that is where most petitions are won or lost. VisaSherpa.ai is not a law firm and does not provide legal advice. Using this tool creates no attorney-client relationship.

Why a criteria count is only half the test

For most of the 2000s, adjudicators treated the criteria list as a checklist: satisfy three, get approved. The Ninth Circuit's decision in Kazarian v. USCIS ended that, and USCIS now runs a two-step analysis. Step one counts how many criteria the evidence satisfies. Step two — the final merits determination — asks whether the record, taken as a whole, demonstrates the sustained acclaim and standing the category demands.

The practical consequence is that how you satisfy a criterion matters more than whether you do. Two petitions can both tick "original contributions of major significance." One supports it with independent expert letters, adoption data, and citation analysis showing the work changed practice beyond the author's own employer. The other supports it with a job description. Both count as one criterion at step one. Only one survives step two.

Where to go from each result

Costs for any of these are on the USCIS fee calculator.

Common questions

How many criteria do I need for an O-1A or EB-1A petition?

Three. O-1A requires at least three of the eight criteria at 8 C.F.R. § 214.2(o)(3)(iii)(B); EB-1A requires at least three of the ten at 8 C.F.R. § 204.5(h)(3), or a single major internationally recognized award. Clearing three is the entry ticket, not the finish line — USCIS then runs a final-merits determination on the whole record.

Does meeting three criteria mean my petition gets approved?

No, and this is the most expensive misunderstanding in the category. Since the Kazarian decision, USCIS uses a two-step analysis: count the criteria, then decide whether the record as a whole shows sustained acclaim and a position at the top of the field. Petitions that clearly satisfy three criteria are denied at step two every day, usually because the evidence behind each criterion was thin.

What is the difference between O-1A and EB-1A if the criteria look the same?

The criteria lists overlap heavily but the standards do not. O-1A is a temporary work visa that needs a U.S. petitioner or agent and cannot be self-petitioned. EB-1A is a green card, can be self-petitioned with no employer and no labor certification, and is adjudicated against a materially higher evidentiary bar. Plenty of people hold an O-1A for years before their EB-1A record is strong enough.

Why is EB-2 NIW judged differently?

Because it is not a criteria count at all. Matter of Dhanasar replaced the old NIW test with three prongs: the proposed endeavor has substantial merit and national importance, you are well positioned to advance it, and on balance it benefits the United States to waive the job offer and labor certification. All three must hold. A strong publication record helps prong two, but it will not carry a vague endeavor through prong one.

Is this screener legal advice?

No. It is a checklist against published regulations, and it knows nothing about your evidence, your history, or your timeline. VisaSherpa.ai is not a law firm and does not provide legal advice. Using this tool creates no attorney-client relationship. An independent, bar-licensed immigration attorney has to look at the actual record before anyone can tell you where you stand.