EB-1A NOID Even After Meeting 7/7 Criteria – Need Advice
Hi everyone,
I recently received a NOID (Notice of Intent to Deny) for my EB-1A in second step "FMD", even though my case met 7 out of 7 criteria.
The criteria met were:
- Awards
- Memberships
- Critical Role
- Original Contributions (OC)
- Authorship / Scholarly Articles
- Judging & Peer Review
- High Salary
However, USCIS issued a NOID stating that the evidence did not establish “sustained national or international acclaim” for 4 criteria:
- Awards
- Memberships
- Scholarly Authorship
- Original Contributions
For the High Salary criterion, we submitted a salary comparison report (not BLS data). The NOID mentions that my salary is only slightly above the 90th percentile and asks for additional comparative evidence.
My attorney still feels confident about responding to the NOID and believes the case is strong overall. My profile is industry-based, not academic.
At this point, I’m trying to decide:
- Should I respond to the NOID?
- Or should I withdraw and refile later with stronger evidence?
Any suggestions or experiences would really help.
Thank you.