NOID

Notice of Intent to Deny (NOID) Received in an EB1 Extraordinary Ability Petition

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Thank you for providing this service. I have filed an EB1 application through another law firm and have received a notice of intent to deny NOID. I have about 40 publications, 200 citations and 15 patents and review manuscripts for 5 international journals. I thought I had a good case but now I am not so sure. Is it possible to change their opinion of me and get my green card approved?

First, let me state that USCIS is making all types of applications more difficult. That being said, there is no reason why your EB1 case should be denied. Your stated qualifications are greater than the majority of our EB1 clients and we can very likely get your case quickly approved. There are many reasons that could explain why you received a NOID. It could be that your qualifications were not presented well to the USCIS officer. It could be that your recommendation letters were poorly written or not from appropriate persons. It could also be that the USCIS officer made an error and/or is not familiar with the regulations or law. You should be aware that the USCIS allows 30 days to respond to a NOID, so you will have to act quickly to have your response filed. If you would like our assistance, please contact my office as soon as possible to avoid missing your response deadline.

Texas Service Center Operations

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In a recent question and answer session, the Texas Service Center (TSC) has made some revelations regarding how they process certain immigrant and nonimmigrant petitions.

  • Motion to Reopen; Motion to Reconsider; Appeals

When filing a motion to reopen or reconsider, the officer who originally made the decision to deny the underlying case will decide the motion.  If the offier decides to deny the motion, the decision will be reviewed by a supervisor.  Where an appeal is made, the TSC will not reopen or reconsider where the Service believes it made a correct decision but will forward the appeal to the AAO.

  • Petition Denials without RFE or NOID

When an officer decides to deny a petition without sending a request for evidence or notice of intent to deny, that offier’s decision must reviewed by two supervisors before the denial notice will be issued.

  • Notice to Appear Issuance upon I-485 Denial

Generally, the TSC will wait 30 days after issuing an I-485 denial before dispatching a notice to appear (NTA).  This 30 day period provides the Applicant with an opportunity to appeal the denial before being sent to removal proceedings.