Successfully Addressing an EB-1 NOID: Strategies for Applicants
If you have filed your EB1A petition with USCIS, you would receive one of four responses after the review. These responses are approval, denial, notice of intent to deny (NOID), or request for evidence (RFE).
If USCIS is considering denying your EB1 application, they will not send a denial notice straight away. Instead, they will issue a NOID before the denial.
In this blog, we have discussed the meaning of EB1 NOID and how to effectively respond to a NOID. We have also included a sample response format and FAQs related to NOID.
What is a NOID?
NOID stands for Notice of Intent to Deny. This means the officer intends to deny your petition unless you provide substantial evidence or additional information to address their specific concerns.
The EB1 NOID informs you of the issues with your petition and gives you a chance to respond and address these concerns.
RFE vs. NOID
RFE implies that USCIS officers need additional evidence to make a decision on your EB1A case.
Whereas a NOID implies that the officer is considering denying your petition and provides you with an opportunity to address the reasons for the potential denial.
Both RFEs and NOIDs in the EB1A application can be overcome by proving your eligibility by addressing the deficiencies or issues raised by the officer in your petition
How to Respond to a EB1 NOID?
If you receive an EB1 NOID, stay calm and collected first. Here are the effective next steps you can take for your NOID response:
1. Carefully Review the NOID:
First, thoroughly read your EB1 NOID letter and identify the deficiencies and the facts that the officer overlooked. This approach will give you the confidence to proceed further.
2. Gather Additional Evidence:
Once you have identified the issues, gather evidence to address the concerns mentioned by the officer.
For example, in the judging criteria, the officer assumed the applicant was a researcher based on his job title, R&D engineer. Consequently, the officer rejected this criterion in the final evaluation, stating that peer reviews were common for researchers and did not establish his significant role in the field.
Response: To address this issue, the applicant obtained a recommendation letter from his VP, an expert in the field, detailing the applicant’s job role.
3. Craft a NOID Response :
Unlike other petitions, for EB1A, you are involved in preparing your case, so you have a deep understanding of your petition.
Therefore, write a Notice of Intent to Deny(NOID) response by addressing each issue stated by the officer. If you have any doubts during this process, you can seek an attorney’s help, or you can refer to the USCIS policy manual that outlines the requirements of EB1A.
4. Seek Professional Help:
Once you’ve finished your EB1 NOID response, consider seeking an attorney’s help for legal representation.
5. Respond Within Time:
Generally, the NOID response time is 30 days. Make sure you respond to the NOID in a timely manner to avoid denial.
Outline of a Sample NOID Response Letter
Here we are giving a general format to respond to a Notice of Intent to Deny (NOID).
- First, you should add an introduction stating that you are responding to the NOID.
- Secondly, add a summary of the reason for the NOID.
- Thirdly, include each issue on meeting the criterion with your rebuttal response demonstrating how you meet that EB-1A criteria.
- Make sure you have highlighted how you satisfy the final merits determination part of EB-1A.
- Add a conclusion by reiterating your EB-1A eligibility and requesting favorable reconsideration.
Conclusion
A Notice of Intent to Deny( NOID) can be overturned if you provide additional evidence or clarification that addresses the issues raised by the immigration officer. If the case is genuinely deficient, it will be challenging to overturn the NOID.
If you receive a denial after an EB1 NOID, the best option is to reapply for your EB1-A petition by addressing the issues in the denial notice.
Each EB1-A application is evaluated on its own merits, so a previous EB1-A denial doesn’t affect your new application. Many EB1-A applicants have received approval by reapplying after a denial.
If you need assistance and guidance to strengthen your EB1-A application, explore Smart Green Card VIP.
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