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Case study · EB-1A · NOID

Solutions architect, EB-1A notice of intent to deny: three criteria met, final merits failing

A rare notice that shows what happens after three criteria are met: the officer then asks whether the evidence shows sustained acclaim and a place at the very top of the field.

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EB-1ANOID
Source
Adjudicator notice (de-identified)
Timeline
Notice issued about eight days after filing, December 2023
Key lesson

Meeting three criteria is the beginning, not the end. Build the final merits case with independent evidence of acclaim over time.

Profile

Enterprise software and product lifecycle management specialist. Fellow of one engineering institution and Senior Member of another, published a technical paper and conference abstract, judged awards and a membership panel, new job offer at a high salary.

What was claimed

  • JudgingMet
  • Scholarly articlesMet
  • High salaryMet
  • MembershipNot met
  • Original contributionsNot met
  • Leading or critical roleNot met

What happened

Membership: Fellow and Senior grades were not shown to require outstanding achievements. The officer noted that holders of those grades may have outstanding achievements but it is not a requirement.

Original contributions: the evidence supported originality but not major significance to the field at large. Letters came from colleagues and acquaintances and described value to a single employer or customer. One letter writer said they had never worked with the applicant.

Leading or critical role: the letter writers were not positioned to say the applicant held a leading or critical role. One letter was partial and unsigned.

Final merits: a high salary from a new employer shows what that employer values, not sustained acclaim. Judging for a few awards is noteworthy but does not show acclaim. The published paper had no indication of wide citation.

Several letters lacked required contact details: name, address and title of the writer.

Lessons for evaluating your own case

Every notice is a list of what to fix. Use these as a checklist for your own evidence.

  • Meeting three criteria is the beginning, not the end. Build the final merits case with independent evidence of acclaim over time.
  • Letters from people who worked with you describe your value to an employer. Add independent evidence the field recognizes the work.
  • Every letter needs the writer's name, address, title and relationship, and a full, signed copy.
  • A partial or unsigned letter damages the criterion it was meant to support.
Anonymized. Personal details, employers, receipt numbers, officer codes and law firms are removed. This is general information, not legal advice.
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