EB-1A and NIW RFE and NOID Response Attorney
An RFE or NOID is not a denial. It is an opportunity to respond, and the quality of that response often determines the outcome. The Law Office of MJ Lee regularly takes over EB-1A and EB-2 NIW cases at the RFE or NOID stage, including cases originally filed by other firms or by petitioners themselves. Consultations are available in English and Korean.
In our practice, we have seen USCIS scrutinize EB-1A and NIW petitions more closely in recent years, with RFEs focusing on national importance in NIW cases and on the final merits determination in EB-1A cases. A strong response identifies exactly what the officer found missing and answers that finding directly, rather than re-arguing the original petition.
How We Approach an RFE or NOID
We read the notice the way the officer wrote it, and identify each specific finding: which prong, criterion, or element the officer questioned, and why.
We review the original filing to determine whether the problem lies in the evidence itself, in how it was presented, or in inconsistencies across the record.
We restructure the argument and evidence to answer each finding, using evidence that existed at the time of filing and without changing the proposed endeavor or the basis of the claim.
We prepare a response brief grounded in the governing standards and the USCIS Policy Manual.
What Is the Difference Between an RFE and a NOID?
A Request for Evidence (RFE) asks the petitioner to submit additional evidence on specific issues. A Notice of Intent to Deny (NOID) signals that the officer is prepared to deny the petition based on the current record and explains why. A NOID response must directly rebut the stated grounds for denial. Both have firm deadlines, and USCIS will generally decide the case on the record as it stands after the response.
Recent RFE and NOID Approvals
Each case is unique and evaluated on its individual merits. Past results do not guarantee the outcome of your legal matter. Cases are described with client permission and without identifying details.
EB-2 NIW RFE — Approved After Transfer to Our Office
The petitioner originally filed through another firm and received a lengthy RFE challenging all three Dhanasar prongs. Our office took over the case at the RFE stage, [key issue and strategy, redefined the record around a consistent proposed endeavor and documented independent adoption of the petitioner’s work. The petition was approved without further inquiry.
Country of origin: Japan | Filing state: New York | Premium processing: Yes | Approved 30 days after the RFE response
EB-2 NIW RFE — Approved After Transfer to Our Office
The petitioner originally filed through another firm and received a lengthy RFE challenging all three Dhanasar prongs. Our office took over the case at the RFE stage. The petition was approved without further inquiry.
Country of origin: United Kingdom | Filing state: Massachusetts | Premium processing: Yes | Approved 35 days after the RFE response
EB-1A RFE — Approved After Transfer to Our Office
The petitioner originally filed through another firm and received a lengthy RFE challenging [specific criteria, e.g., original contributions of major significance and judging and the final merits determination. Our office took over the case at the RFE stage. The petition was approved without further inquiry.
Country of origin: China | Filing state: Massachusetts | Premium processing: Yes | Approved 1 day after the RFE response
EB-1A NOID — Approved
The petitioner originally filed through another firm and received a NOID challenging the final merits determination. The petition was approved without further inquiry.
Country of origin: Korea | Filing state: Massachusetts | Premium processing: Yes | Approved 10 days after the NOID response
H-1B RFE — Approved After Transfer to Our Office
The petitioner originally filed through another firm and received an RFE concerning the beneficiary’s J-1 two-year home residency requirement under INA § 212(e). Our office took over the case at the RFE stage. The petition was approved without further inquiry.
Country of origin: Korea | Filing state: California | Premium processing: Yes | Approved 8 days after the RFE response
RFE, NOID, and Denial Second Opinion
This service is for individuals who have received an RFE, NOID, or denial on an EB-1A or NIW petition and want an independent legal assessment before deciding how to proceed. It is a standalone review and does not include drafting or filing a response.
What this service includes:
60-minute attorney-led case review
Written legal feedback identifying the key weaknesses in the record and the officer’s findings
USCIS-focused risk analysis and recommended next steps
What this service does not include:
Drafting or filing an RFE, NOID, or appeal response
A commitment to representation or a guarantee of approval
Legal fee: $650 flat fee, earned upon delivery of the review and not contingent on future representation.
This review is a limited-scope engagement. It does not create an attorney-client relationship beyond the scope of the review described above.
EB-1A and NIW Go / No-Go Assessment (Before Filing)
This service is for individuals preparing an EB-1A or NIW petition, whether on their own or with another provider, who want a clear, attorney-level answer to one question before filing: is this record ready?
We review your record the way a USCIS officer will, and give you a direct verdict:
Go: The record supports filing now, with any final adjustments identified.
Not Yet: The case is viable, but specific gaps should be addressed first. We tell you what they are and what would close them.
No-Go: The record does not currently support this category. We explain why, and whether another category, such as EB-1A, NIW, or O-1, fits better.
What this service includes:
Attorney review of your CV, publications and citation record, and your draft petition letter or evidence summary, if prepared
Analysis under the governing standard: the Dhanasar framework for NIW, or the regulatory criteria and final merits determination for EB-1A
A written assessment with your Go / Not Yet / No-Go verdict and the specific evidentiary and narrative risks behind it
What this service does not include:
Drafting or editing the petition letter, recommendation letters, or exhibits
Filing, or a commitment to representation
Legal fee: $1,200 flat fee, earned upon delivery of the written assessment. 50% of the fee may be credited toward representation if our office later agrees to represent the case.
How this differs from our free evaluation: Our free initial evaluation gives a preliminary read of your CV. The Go / No-Go Assessment is a full attorney review of your record, and, if you have one, your draft petition, resulting in a written verdict you can act on.
O-1 and E-2 Visa Interview Preparation
This session prepares applicants for U.S. embassy or consular visa interviews through a structured mock interview and issue spotting, including for applicants who have previously been refused.
What this service includes:
45-minute mock interview session
Interview strategy and checklist
Common red-flag questions and how to address them accurately and consistently with your application
Legal fee: $600 (standard) | $1,000 (prior refusal)
Attorney advertising. Prior results do not guarantee a similar outcome. This page provides general information and does not constitute legal advice.