How a case is evaluated.
The method follows the regulation, not a prompt. For each of five visas, every criterion or requirement is broken into the elements it needs, each piece of evidence is tested against those elements, and the whole record is reviewed separately.
Three stages, in order.
- 01
Evidence mapping
Passages are identified in every document and linked to the criteria and elements they may support, each with its page and exact wording.
- 02
Criterion evaluation
Each criterion or requirement of the visa is assessed on its own terms, element by element, with strengths, weaknesses and specific gaps.
- 03
Whole-record review
The record is read as a whole against the visa's own standard, such as sustained acclaim or national interest. Counting criteria is never treated as an outcome.
Before evaluation runs, an attorney confirms the applicant's field and what the visa depends on: the O-1B track, the NIW proposed endeavor, or the E-2 role and treaty country.
Five visas, element by element.
Choose a visa. A criterion or requirement is marked potentially supported only when every element has direct or corroborating evidence and no unresolved contradiction.
EB-1A — Extraordinary ability
Green card. A one-time major international award, or at least three of ten criteria under 8 C.F.R. §204.5(h)(3), then a final merits review of sustained national or international acclaim.
| Criterion | What the law requires | Elements tested |
|---|---|---|
| (i) | Lesser nationally or internationally recognized prizes or awards for excellence in the field |
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| (ii) | Membership in associations that require outstanding achievements of their members, as judged by recognized experts |
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| (iii) | Published material about the applicant in professional or major trade publications or other major media |
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| (iv) | Participation as a judge of the work of others in the same or an allied field |
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| (v) | Original scientific, scholarly, artistic, athletic or business-related contributions of major significance in the field |
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| (vi) | Authorship of scholarly articles in professional or major trade publications or other major media |
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| (vii) | Display of the applicant's work at artistic exhibitions or showcases |
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| (viii) | A leading or critical role for organizations or establishments with a distinguished reputation |
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| (ix) | A high salary or other significantly high remuneration in relation to others in the field |
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| (x) | Commercial successes in the performing arts, shown by box office receipts or sales |
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Comparable evidence under §204.5(h)(4) is proposed only with a stated reason why a criterion doesn't readily apply to the occupation. A one-time major international award is always left to attorney judgment.
O-1A — Extraordinary ability
Temporary work visa for the sciences, education, business and athletics. A major international award, or at least three of eight criteria under 8 C.F.R. §214.2(o)(3)(iii), then a review of the whole record: one of the small percentage at the very top of the field.
| Criterion | What the law requires | Elements tested |
|---|---|---|
| (1) | Nationally or internationally recognized prizes or awards for excellence in the field |
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| (2) | Membership in associations that require outstanding achievements, as judged by recognized experts |
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| (3) | Published material about the beneficiary in professional or major trade publications or major media |
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| (4) | Participation, individually or on a panel, as a judge of the work of others in the same or an allied field |
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| (5) | Original scientific, scholarly or business-related contributions of major significance in the field |
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| (6) | Authorship of scholarly articles in professional journals or other major media |
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| (7) | Employment in a critical or essential capacity for organizations with a distinguished reputation |
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| (8) | A high salary or other significantly high remuneration, shown by contracts or other reliable evidence |
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Comparable evidence under §214.2(o)(3)(iii)(C) is proposed only with a specific reason a criterion doesn't readily apply. Case Intelligence also checks the consultation, contracts or terms, and itinerary the petition needs.
O-1B — Arts, motion picture and television
Temporary work visa with two tracks the attorney chooses: distinction in the arts (§214.2(o)(3)(iv)), or extraordinary achievement in motion picture or television (§214.2(o)(3)(v)). A significant award or nomination, or at least three of six criteria.
| Criterion | What the law requires | Elements tested |
|---|---|---|
| (1) | Has performed, and will perform, as a lead or starring participant in productions or events with a distinguished reputation |
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| (2) | National or international recognition, shown by critical reviews or other published material |
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| (3) | Has performed, and will perform, a lead, starring or critical role for organizations with a distinguished reputation |
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| (4) | A record of major commercial or critically acclaimed successes |
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| (5) | Significant recognition from organizations, critics, government agencies or other recognized experts |
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| (6) | A high salary or substantial remuneration in relation to others in the field |
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Comparable evidence is available for the arts track only; the motion picture and television track does not allow it. Consultation is checked for both, and for film and television it must come from a union and a management organization.
EB-2 — National interest waiver
Green card without a job offer. EB-2 eligibility is established first, through an advanced degree or exceptional ability under 8 C.F.R. §204.5(k). Then the waiver is tested against the three prongs of Matter of Dhanasar.
| Part | What the law requires | Elements tested |
|---|---|---|
| A | Advanced degree: a U.S. degree above a bachelor's or a foreign equivalent, or a bachelor's plus five years of progressive experience in the specialty |
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| A | Or exceptional ability: at least three of six types of evidence, then expertise significantly above that ordinarily encountered |
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| 1 | The proposed endeavor has substantial merit and national importance |
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| 2 | The applicant is well positioned to advance the proposed endeavor |
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| 3 | On balance, it would benefit the United States to waive the job offer and labor certification |
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Part B is not marked supported while EB-2 eligibility is unresolved. NIW is discretionary; Case Intelligence lists facts the attorney may want to address and does not weigh them.
E-2 — Treaty investor
Temporary visa for nationals of treaty countries. There is no count: every requirement under 8 C.F.R. §214.2(e) and 9 FAM 402.9 must be met. The evidence is mostly financial and corporate.
| Requirement | What the law requires | Elements tested |
|---|---|---|
| 1 | Treaty nationality of the investor and of the enterprise |
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| 2 | An investment: capital placed at risk and irrevocably committed |
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| 3 | A substantial amount in proportion to the cost of the enterprise |
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| 4 | A real, active and operating commercial enterprise |
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| 5 | Not a marginal enterprise |
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| 6 | Solely to develop and direct the enterprise |
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| 7 | Intent to depart when E-2 status ends |
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For an E-2 employee, the investment requirements are replaced by an executive or supervisory role, or skills essential to the enterprise. The attorney confirms the role, treaty country and whether a consulate or USCIS decides the case.
How each piece of evidence is classified.
- Direct
- The passage itself establishes the element, such as an award letter for receipt of the award.
- Corroborating
- An independent source confirms what another document says. Independence means a different author or organization.
- Contextual
- Background that helps establish reputation or significance without proving the element on its own.
- Potentially insufficient
- Relevant, but can't establish the element alone, such as an invitation to review with no confirmation it was completed.
- Contradictory
- Conflicts with another document. Always linked to a contradiction for an attorney to resolve.
- Unverified
- Self-reported, such as the CV or the applicant's own statement, until another source confirms it.
Assessment labels.
Internal and preliminary, never legal determinations. Every label comes with its reasons.
- Potentially supported
- Every element has direct or corroborating evidence, and no material contradiction is unresolved.
- Needs additional evidence
- Some elements are supported. At least one relies on weaker evidence or has a specific, named gap.
- Weakly supported
- Relevant evidence exists, but most elements lack direct support.
- Not currently supported
- No relevant evidence for one or more required elements after review of the whole file.
- Not evaluated
- Not applicable to the field, or not yet run.
Labels are first computed from element coverage. If the AI's reading disagrees, the more conservative label is used and the disagreement is shown for review.
What the AI is not allowed to do.
Invent a quotation
Every quote is checked against the text of its source page before it's saved. If it isn't on the page, it's discarded.
Cite its own law
It can only reference sources in the approved framework. It cannot write a legal citation.
Predict an outcome
No approval probabilities, scores or "will be approved" language. Outputs containing them are rejected.
Overrule an attorney
Approved and edited findings are locked. New evaluations add proposals beside them, for review.
Follow instructions in documents
Text inside an uploaded file is evidence only. Pages that look like instructions to an AI are flagged to the user.
Versioned frameworks, reviewed by counsel.
The criteria, elements and guidance live in a legal framework that is versioned like software. A version is used for client work only after licensed immigration counsel has reviewed and approved it, and the approval is recorded.
When USCIS guidance changes, a new version is drafted and reviewed. Every evaluation records the framework version it used, so earlier results can always be explained.
Each visa has its own framework: EB-1A, O-1A, O-1B, EB-2 NIW and E-2 are versioned and reviewed separately, and a case is only evaluated against the framework for its own visa.
Test the method on a case you know well.
Compare its evaluation with your own on a closed or current file.