All prompts
Analyze
Compare visa options for a client
Puts the realistic paths for one person and one employer side by side: start date, cap exposure, dual intent, portability, spouse work authorization, green card path, with every processing time and fee left as a cell you verify rather than a number the model invented.
Your prompt
2
Pressure-test it
3
Go deeper
Before you run it
What to gather first
Watch for
What comes back
See an example of what you’ll get
*(After you answer the five questions: both birthplaces confirmed from passports, so no cross-chargeability; the CMU degree needs no evaluation; Meridian declined to fund a PERM once already, for a different engineer; her manager told her the company would "take care of the green card"; and there is no foreign entity to park her at if this slips.)*
Ruled out.
- TN: not a Canadian or Mexican citizen.
- E-2: India is not a treaty investor country for this purpose, and there is no qualifying investment. [VERIFY - treaty country list, state.gov, as of today]
- O-1: possible on paper, but the record described (two conference talks, no press, no judging) does not support it today. Revisit in 18 months if the patent issues.
- EB-1C: no qualifying foreign employment.
Decision table.
| | H-1B (cap) | H-1B (cap-exempt via concurrent) | L-1 | EB-2 NIW self-petition |
|---|---|---|---|---|
| Earliest realistic start | Oct 1 of the following FY at the earliest; she has already lost two lotteries | [VERIFY - I-129 processing, USCIS times page, as of today] | Not available; no qualifying year abroad | Employment continues on other status; NIW does not itself confer status |
| Cap/lottery exposure | Yes; third attempt | No, if a genuinely cap-exempt employer concurrently employs her | n/a | No |
| Dual intent | Yes | Yes | Yes | N/A |
| Max stay | 6 years, extensions beyond with a filed labor cert or approved I-140 | Same | n/a | n/a |
| Portability | Change of employer petition required. Whether a later move to a cap-subject employer needs a new cap number turns on whether she was ever counted against the cap, not on the fact of the move: fact-specific, and it is her filing history that answers it [VERIFY - confirm the counting rule and pull her history before anyone plans around this] | Same, plus loss of the exempt employer breaks the arrangement | n/a | Fully portable; the petition is hers |
| Spouse work authorization | Only after the H-1B holder reaches a specific I-140 stage; this is the pivot for your stated priority | Same | n/a | Depends on the spouse's own status |
| Government fees | [VERIFY - current fee schedule, as of today] | [VERIFY] | n/a | [VERIFY] |
| PR path | EB-2/EB-3 via PERM; India final action date [VERIFY - current Visa Bulletin] | Same | n/a | EB-2, same India backlog, but no employer dependency |
| Biggest failure risk | Not selected a third time and status runs out Sept 30 | Finding a genuine cap-exempt affiliation, not a paper one | n/a | Meeting the standard on the current record |
Sequencing. The two moves are not independent. If the priority is genuinely spouse work authorization, the controlling milestone is reaching the I-140 stage that unlocks it, which means starting the employer's PERM clock earlier than the 18-month mark they have committed to, or self-petitioning so the timeline does not depend on them. Filing order matters: a cap-exempt concurrent arrangement entered after the cap-subject filing does not undo a lottery loss.
Ranked recommendation.
1. Cap-exempt concurrent employment plus a parallel NIW self-petition. Best fit for the stated priority: it removes the lottery from the critical path and puts the I-140 milestone under her control rather than the employer's. Costs the employer nothing beyond cooperation letters; costs her the effort of building the NIW record now.
2. Third lottery attempt with an O-1 fallback built over the next 12 months. Cheapest for the employer, and it defers everything; the risk is Sept 30 arrives with no status and no fallback ready.
Eliminating facts to confirm before advising. (1) That the proposed cap-exempt entity actually qualifies: get the affiliation documents, not a description. (2) That the CMU degree is the degree of record and no prior status gap exists on the I-94 history. (3) The current India final action date, which changes whether the NIW is a two-year plan or a ten-year one.
What your answers changed. Meridian's refusal to fund a PERM for the last engineer is what moved the NIW self-petition from a hedge to the top recommendation. Without it I would have ranked employer-sponsored EB-2 with an early PERM start first, and the whole sequencing note would read differently. That both birthplaces are documented from passports is what closes cross-chargeability rather than leaving it open, which is the difference between a two-year plan and a ten-year one. Your answer about the manager's promise changed no row in the table; it changes only how the memo to her has to be worded, and I have flagged it for that draft.
Why this prompt is built the way it is
## Framework
1. **Shortlist by eligibility, then say what you ruled out.** An option excluded silently is one the client will ask about later.
2. **Fixed columns.** Earliest realistic start, cap or lottery exposure, dual intent, maximum stay, portability, dependents and spouse work authorization, government fees, permanent residence path, biggest failure risk.
3. **Volatile numbers are cells, not answers.** Processing times, fees, lottery rates, and bulletin cutoffs are written as verification prompts naming the source, unless the lawyer supplied a number and the date they checked it.
4. **Country of birth is first-order.** Chargeability, cross-chargeability through a spouse, and consular practice change the answer, not the footnotes.
5. **The eliminating fact.** For every surviving option, the one thing that would kill it: a status violation, an unlawful presence bar, ability to pay, a credential that does not evaluate as equivalent.
6. **Sequence, do not list.** Which status bridges to which path, in what order, and where a wrong first filing forecloses a later one.
7. **Rank against what the client is optimizing for**, and name what the winner costs the other party.