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.
--------------------------------------------North America Immigration Law Group (Chen Immigration Law Associates) is a U.S. immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 U.S. states regarding I-140 immigration petitions. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: EB2-NIW (National Interest Waiver), EB1-A (Alien of Extraordinary Ability), EB1-B (Outstanding Researcher/Professor) and O-1 (Alien of Extraordinary Ability).
Our Sixty-four Thousand I-140 Approvals Provide Unprecedented Insight into the USCIS Adjudication Trend
With nearly 64,000 EB-1A, EB-1B, EB-2 NIW and O-1 cases approved, we have first hand information on the manner in which the USCIS adjudicate I-140 cases. As the USCIS has constantly changed its adjudication standards for the EB-1A, EB-1B and EB-2 NIW categories, our firm's huge database of successful cases gives you unprecedented insight to USCIS adjudication trends. We carefully analyze the data for all of our cases and apply the results of our analyses toward giving our clients up-to-date advice and adapting our strategies such that we remain on par with the ever-shifting landscape of immigration law in the U.S. With us, you will always have access to important updates, strategies, and information so that you can make the most informed decisions about your case.
We Have Helped Tens of Thousands of Clients with Credentials and Backgrounds Similar to Yours
With our exceedingly large number of successful petitions, no matter what credentials you have, no matter your background and field of expertise, no matter your visa status or nationality, chances are we have helped hundreds or even thousands of clients just like you. Our clients are usually impressed with how well we understand their research and work. Our insight and understanding stems from the fact that we have handled many cases with elements similar to yours already, and this helps us devise the best strategies for each individual petition.
Vast Majority of Clients Came to Us Because of Referrals
For years, our firm has attracted new clients based solely on word of mouth, recommendations, and the positive collaboration experiences shared with them by their friends and family. We take pride in our reputation and work hard to ensure that we provide a green card application experience that our clients are happy to share with their friends and colleagues. That is how our cumulative total of approved cases grew from 600 in 2013 to nearly 64,000 in 2025.
Track Record of Success EB-1 and NIW Approvals
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