Frequently Asked Questions
Quick answers on EB-1A, O-1A, EB-1B, and EB-2 NIW petitions — eligibility, self-petitioning, USCIS criteria, and how AutoPetition fits into the preparation workflow.
General
What is AutoPetition?
AutoPetition is an AI-powered platform for preparing employment-based U.S. immigration petitions (EB-1A, O-1A, EB-1B, and EB-2 NIW). It maps a petitioner's profile to the governing USCIS criteria, researches evidence, drafts petition sections, and runs a quality review before export. It is a preparation tool, not a law firm.
Can I use AutoPetition with my immigration attorney?
Yes, and many attorneys encourage it. AutoPetition handles the time-consuming research and first-draft preparation so your attorney can focus on legal strategy. Attorneys also use the platform directly to accelerate their own case preparation.
Is AutoPetition legal advice?
No. AutoPetition generates drafts and assessments for attorney review. It does not establish an attorney-client relationship and does not constitute legal advice. We recommend consulting a licensed immigration attorney, especially for complex cases.
Who is AutoPetition for?
Two audiences: self-petitioners preparing their own EB-1A or EB-2 NIW petition, and immigration law firms managing multiple employment-based matters across their caseload.
Which visa categories does AutoPetition support?
EB-1A (Extraordinary Ability green card), EB-1B (Outstanding Researcher green card), EB-2 NIW (National Interest Waiver green card), and O-1A (Extraordinary Ability non-immigrant work visa).
EB-1A — Extraordinary Ability
Can I self-petition for an EB-1A green card?
Yes. EB-1A does not require employer sponsorship or labor certification. Individuals file Form I-140 directly and, if inside the U.S. and a visa number is available, may concurrently file Form I-485 to adjust status.
How many of the 10 EB-1A criteria must I meet?
USCIS requires evidence of at least 3 of the 10 regulatory criteria in 8 CFR 204.5(h)(3). Meeting the minimum does not guarantee approval — adjudicators conduct a final merits determination under Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010), on whether the record as a whole shows sustained national or international acclaim.
Do I need to be famous to qualify for EB-1A?
No. Extraordinary ability means being among the small percentage at the top of your specific field. Researchers, engineers, entrepreneurs, clinicians, and other specialized professionals routinely qualify when their record shows sustained recognition within their discipline.
How long does an EB-1A petition take?
I-140 processing times vary by USCIS service center. Premium processing is available for EB-1A and delivers an action (approval, RFE, or denial) within 15 business days. Without premium processing, regular I-140 adjudication typically runs several months.
Can I qualify for EB-1A without a PhD?
Yes. EB-1A has no degree requirement. What matters is evidence against the 10 criteria — awards, membership, media coverage, judging, contributions, authorship, exhibitions, leadership, commercial success, or high compensation. Many EB-1A approvals go to individuals without doctoral degrees, including entrepreneurs and practicing professionals.
EB-2 NIW — National Interest Waiver
What is the EB-2 National Interest Waiver?
The EB-2 National Interest Waiver (NIW) is a self-petition green card option under INA §203(b)(2)(B). It waives the job offer and labor certification (PERM) requirements that otherwise apply to EB-2 petitions when the beneficiary's work is in the U.S. national interest.
What are the three Matter of Dhanasar prongs?
Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), established: (1) the proposed endeavor has both substantial merit and national importance; (2) the petitioner is well positioned to advance the endeavor; and (3) on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.
Who qualifies for EB-2 NIW?
NIW applicants must first qualify for the EB-2 category — typically by holding an advanced degree (master's or higher, or bachelor's plus five years of progressive experience) or by demonstrating exceptional ability in the sciences, arts, or business. They must then satisfy all three Dhanasar prongs.
Do I need an employer to file an EB-2 NIW petition?
No. EB-2 NIW allows self-petitioning. No employer sponsor, no job offer, and no labor certification (PERM) are required. The petitioner files Form I-140 directly.
O-1A — Extraordinary Ability Visa
What is the O-1A visa?
O-1A is a non-immigrant work visa for individuals with extraordinary ability in sciences, education, business, or athletics. It requires a U.S. employer or agent as petitioner and is initially valid for up to three years, with one-year extensions available.
Can I self-petition for an O-1A?
No. O-1A requires a U.S. employer or agent to file Form I-129 on the beneficiary's behalf. Agents can petition for individuals in multiple engagements, which is common for consultants, speakers, and contract-based specialists.
How many O-1A criteria must I meet?
You must satisfy at least 3 of the 8 regulatory criteria in 8 CFR 214.2(o)(3)(iii)(B), or provide a major internationally recognized award. The criteria closely mirror the EB-1A framework.
Is an advisory opinion required for O-1A?
Yes. USCIS requires a written advisory opinion from a peer group, labor organization, or person of expertise in the beneficiary's field. If no appropriate peer group exists, the record must explain why.
EB-1B — Outstanding Researcher
Who qualifies for an EB-1B visa?
EB-1B is for outstanding professors and researchers with international recognition for accomplishments in an academic field. The beneficiary must have at least three years of teaching or research experience and be entering the U.S. for a qualifying academic position.
How many EB-1B criteria must I meet?
USCIS requires evidence of at least 2 of the 6 regulatory criteria in 8 CFR 204.5(i)(3)(i), plus documentation of at least three years of experience in the field.
Can EB-1B be self-petitioned?
No. EB-1B requires a U.S. employer — typically a university, research institution, or private employer with a documented research department — to file Form I-140 on behalf of the researcher.
Does EB-1B require labor certification (PERM)?
No. Like EB-1A, EB-1B is a Priority Worker category and is exempt from the PERM labor certification process.
What is the difference between EB-1A and EB-1B?
EB-1A covers individuals at the top of any field and allows self-petitioning. EB-1B is narrower — it targets outstanding academic researchers and professors, requires an employer petitioner, and requires at least three years of experience in the field. Both are EB-1 Priority Worker categories and neither requires PERM.
Using AutoPetition
How does the AutoPetition workflow work?
A typical case moves through intake, evidence research, criteria mapping, section drafting, adversarial review, and export. At each stage the user keeps editorial control — the platform proposes, the user (or attorney) approves.
Which AI models does AutoPetition use?
The platform runs on Google Vertex AI's Gemini 3 family — Gemini 3 Flash Preview for fast iteration and Gemini 3 Pro Preview for quality-critical work like criterion judging and drafting.
What does the final filing package include?
Export produces a compiled petition PDF, a DOCX master document, individual exhibit covers, a cover letter, a table of contents, a plans statement (for NIW), and a filing-readiness checklist — everything needed for attorney review or submission.
How much does AutoPetition cost?
AutoPetition is currently free during beta. No credit card is required to start. Paid tiers will be introduced after the beta period; existing users will see pricing before any charges.
Security & Privacy
Is my data safe on AutoPetition?
Yes. All connections are encrypted with TLS, sessions are protected with strict cookie policies, and we offer two-factor authentication (TOTP). Access is role-based within organizations and sensitive actions are logged for audit.
Do you share my data with third parties?
No. Petition content is never sold or shared for marketing. The platform uses analytics (PostHog) and the Vertex AI inference API for drafting; see the Privacy Policy for the specific subprocessors and data-handling terms.
Is my petition data used to train AI models?
No. Petition content is not used to train the underlying Gemini models. Inference happens within Google Cloud's Vertex AI enterprise endpoints, which by default exclude customer prompts and responses from model training.
Can I delete my account and data?
Yes. Account deletion removes your profile, petitions, and associated documents from the platform. Contact support@autopetition.us to initiate deletion; see the Privacy Policy for retention details.
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