Inside a Shock NOID: How a High-Profile EB1A Applicant Almost Lost Their Case (and How It Was Saved)

1. Introduction

The EB1A green card is often described as the gold standard of employment-based immigration. It is designed for individuals with extraordinary ability in science, technology, engineering, arts, business, athletics, and research. Many applicants believe that if they meet three of the ten EB1A criteria, have strong citations, published work, media coverage, and senior job titles, approval is almost guaranteed.

Yet in 2026, even strong EB1A profiles are receiving RFEs and Notices of Intent to Deny. A NOID is more serious than a Request for Evidence. It means USCIS believes your EB1A petition does not meet the standard and plans to deny it unless you provide compelling rebuttal evidence.

This case study explains how a seemingly strong EB1A petition received a NOID, what went wrong, and how to prevent this outcome before filing your i-140 petition.

Read More: The Insider's Guide to EB1A Sustained Acclaim for Tech Professionals

2. The Applicant: A High-Achieving Senior Engineer with Strong Credentials

Raj, a Senior Cloud Infrastructure Engineer working for a multinational tech company, decided to apply for the EB1A green card under the employment based first preference category. He had over 12 years of experience in digital infrastructure, automation, and enterprise systems.

His profile included:

• 150 plus citations
• Peer reviewed publications
• Membership in a professional association
• Leading critical cloud migration projects
• Internal awards from his employer
• Conference speaking engagements

On paper, Raj clearly met at least three EB1A criteria under 8 CFR 204.5. His case appeared stronger than many successful EB1A approvals discussed online. He opted for premium processing to expedite his i-140 adjudication. Within a few weeks, instead of an approval, he received a Notice of Intent to Deny.

3. What Is a NOID in an EB1A Petition?

A Notice of Intent to Deny means USCIS has completed its review and found substantial deficiencies in your EB1A petition. Unlike a simple RFE, a NOID outlines why the officer believes you have not demonstrated extraordinary ability.

Common reasons for EB1A NOID include:

• Failure to show sustained national or international acclaim
• Weak final merits determination
• Evidence that does not demonstrate impact beyond your employer
• Letters that are opinion-based instead of evidence-based
• Meeting criteria technically, but failing the overall extraordinary ability standard

In Raj’s case, USCIS did not dispute that he met the three criteria. The problem arose in the final merits determination.

4. The Hidden Weakness: Final Merits Determination Failure

Many EB1A applicants misunderstand how USCIS evaluates petitions. Meeting three out of ten criteria is only the first step. The second step is the final merits determination.

USCIS examines whether the total evidence proves that the applicant is among the small percentage who have risen to the very top of their field.

In Raj’s petition, the officer stated:

• Citations were moderate but not clearly field-leading
• Publications did not demonstrate a transformative influence
• Project contributions were significant to his employer but not nationally impactful
• Reference letters lacked independent corroboration

This is where many strong EB1A profiles fail. The evidence shows competence and seniority but does not clearly demonstrate national importance or field-level impact.

5. Why Strong EB1A Profiles Still Receive NOIDs?

1. Employer Centric Impact

Many technology professionals highlight enterprise-level achievements. However, USCIS evaluates whether your work has influenced the broader industry, not just your company.

If your cloud automation framework improved efficiency for your employer, you must demonstrate how it changed industry practices, influenced other organizations, or was adopted beyond internal systems.

2. Weak Evidence Mapping

Evidence must be mapped clearly to EB1A criteria. Submitting publications without explaining their significance weakens the petition. Simply attaching Google Scholar screenshots is not enough.

Each citation must be contextualized. Is it independent? Is it from high-impact journals? Is it global? Officers look for depth, not volume.

3. Generic Recommendation Letters

Reference letters are critical in an EB1A petition. However, many letters repeat the same praise without quantifiable metrics.

USCIS prefers:

• Independent experts with no direct collaboration
• Detailed descriptions of measurable impact
• Specific examples of influence on the field

Letters that say “He is one of the best engineers” do not prove extraordinary ability.

4. Lack of National Importance Framing

Even though national importance is explicitly discussed more in EB2 NIW cases, EB1A petitions also benefit from demonstrating how the applicant’s work strengthens U.S. competitiveness, digital infrastructure, or economic growth.

Raj’s petition described projects but failed to connect them to broader national implications.

6. How the Case Was Rebuilt After the NOID?

After receiving the NOID, Raj worked with experts to restructure his evidence strategy. The approach focused on narrative development and objective proof.

Step 1: Reframing Impact

Instead of focusing on job responsibilities, the petition reframed contributions as field level advancements.

For example, his cloud automation framework was shown to:

• Reduce deployment time across multiple enterprise clients
• Influence open source contributions
• Be referenced in external developer communities

Independent data sources were added to prove adoption and recognition.

Step 2: Strengthening Independent Recognition

Additional documentation included:

• Invitations to judge technical competitions
• Media mentions in industry publications
• Detailed analytics of publication influence
• Evidence of peer review contributions

This strengthened the judging criteria and scholarly articles criteria.

Step 3: Enhancing Final Merits Argument

The final merits section was rewritten to clearly argue that Raj’s sustained acclaim placed him in the top tier of cloud infrastructure engineers globally.

The response directly addressed USCIS concerns using structured rebuttals rather than emotional language.

Within months, the EB1A petition was approved.

7. Preventing a NOID Before Filing Your EB1A I 140

Build an Evidence Strategy First

Before filing your EB1A petition, conduct a comprehensive profile evaluation. Do not rely solely on meeting three criteria. Assess whether your achievements demonstrate sustained national or international acclaim.

Focus on Objective Documentation

Quantify everything. Provide numbers, metrics, adoption data, independent recognition, and third-party validation.

Strengthen Your Narrative

An EB1A petition is not just a document submission. It is a legal argument. Your story must demonstrate:

• Field-leading contributions
• Influence beyond your employer
• Ongoing recognition
• Continued work in the area of extraordinary ability

Prepare for Final Merits

The final merits determination is where most denials occur. Anticipate USCIS scrutiny and proactively address potential weaknesses.

8. FAQs

1. Why do strong EB1A profiles still receive NOIDs?

Strong profiles often meet basic criteria but fail the final merits determination. USCIS looks for sustained national or international acclaim and field-level impact, not just credentials. If evidence does not clearly prove top-tier standing, a NOID may be issued.

2. What is the biggest mistake applicants make in EB1A filings?

The biggest mistake is focusing on job duties instead of measurable influence. USCIS expects proof of original contributions of major significance, independent recognition, and impact beyond one employer, supported by objective documentation and strong narrative framing.

3. Can a NOID be overcome successfully?

Yes. Many NOIDs are overcome by submitting stronger independent evidence, detailed expert letters, and a well-structured final merits argument that directly addresses USCIS concerns and clearly demonstrates extraordinary ability.

4. How important are recommendation letters for EB1A?

Recommendation letters are critical because they explain your impact in plain language. They must come from independent experts and include specific examples, metrics, and explanations of why your work is influential at the field level.

5. When should I evaluate my EB1A eligibility?

You should evaluate your eligibility before filing. Early evaluation helps identify evidence gaps, strengthen weak areas, and build a strategy that reduces the risk of RFEs or NOIDs.

Before you file your EB1A petition, get clarity on where you truly stand. Request a personalized EB1A profile evaluation and evidence strategy to build a strong, approval-focused case from the start.