1 I-140 Approval After NOID on March 9, 2026

A Notice of Intent to Deny (NOID) is not a final decision. Like a Request for Evidence (RFE), it signals that the adjudicating officer has identified specific concerns about whether the record clearly satisfies the legal standard, and it provides the petitioner an opportunity to directly address those concerns before a final ruling is issued. NOIDs often reflect a more advanced stage of scrutiny than an RFE, requiring a response that goes beyond supplementing the record to actively reframing how the evidence supports each required element of eligibility.

The following success story documents an I-140 petition that faced this level of heightened adjudication scrutiny but ultimately secured approval.

Cases With Inherent Challenges

NOID Scrutiny Rather Than a Standard RFE

This batch includes a petition that advanced beyond a standard RFE to a Notice of Intent to Deny, issued by a specific officer. A NOID reflects a more demanding threshold than an RFE. The officer has already identified concerns serious enough to warrant a preliminary denial, and the response must directly resolve each stated issue in a way that closes the gap between the record and the applicable legal standard.

Industry-Based Role Under EB-1A

The petition in this batch involves an applicant in an industry-based position, a profile that can attract heightened scrutiny in EB-1A adjudications. Officers reviewing industry roles often examine whether the extraordinary ability claim is substantiated by documented recognition and impact within the field, rather than relying on markers more naturally present in academic or research-institution settings. Building a clear and well-organized evidentiary record becomes especially important in this context.

Strong Research Record Supporting the Petition

The petition included 17 publications and 571 citations and was supported by six recommendation letters. For EB-1A cases involving technical industry roles, clearly documenting the applicant’s research impact and recognition within the field is often critical in demonstrating extraordinary ability.

 EB-1A Approval After NOID (1)

#1: EB-1A in Graph Neural Networks

This EB-1A approval involved an applicant born in India and residing in the United States, working as an Applied Scientist II, with the same role proposed going forward. The petition received a NOID issued by officer XM1569 before it was subsequently approved.

The applicant held a Ph.D. and presented a notable research record of 17 publications and 571 citations, supported by six recommendation letters and no testimonial letters. 

The case was handled with a premium processing upgrade at the Texas Service Center.

Notable: Approved following a NOID for an industry-based role.