USCIS can still approve EB-1A visa applications even after a Notice of Intent to Deny (NOID) is issued, according to immigration attorney Benedicte Boutrouille. A NOID indicates that USCIS believes the application may be denied based on the current evidence, but it is not necessarily worse than a Request for Evidence (RFE). The key difference lies in the shorter response time allowed for NOIDs.
Key Details:
- A NOID suggests USCIS sees grounds for denial but allows for a response.
- Strong EB-1A cases have recently received NOIDs despite meeting multiple criteria.
- Applicants can challenge vague conclusions from USCIS using the Mukherji v. Miller decision.
- “Sustained acclaim” does not require perpetual top status in one’s field.
This information is crucial for EB-1A applicants, as understanding the implications of a NOID can significantly influence their response strategy. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.