USCIS intends to revoke your approved EB-1A?
An EB-1A Notice of Intent to Revoke means USCIS is reconsidering an extraordinary ability petition it previously approved. The agency may now question one or more evidentiary criteria, the final merits determination, sustained acclaim, the accuracy or authenticity of evidence, or another requirement USCIS believes was not established when the petition was approved.
Send Us Your EB-1A NOIRWhy does USCIS believe the prior approval should no longer stand?
The first question is why USCIS reopened the extraordinary ability determination.
EB-1A classification permits a person of extraordinary ability to self-petition without a permanent job offer or labor certification. Approval means USCIS previously found the petition sufficient under the extraordinary ability requirements.
USCIS nevertheless retains statutory authority to revoke an approved immigrant petition for good and sufficient cause. The NOIR should identify the evidence and reasoning that USCIS believes now justify revocation.
The response should therefore examine both the underlying EB-1A standard and the factual basis USCIS gives for disturbing its prior approval.
What evidence does USCIS say warrants reopening the approved petition?
Revocation analysis begins with the proposed grounds stated in the NOIR.
Identify the New USCIS Concern
Determine whether USCIS relies on newly discovered evidence, a review of the original record, derogatory information, concerns about document authenticity, a returned petition, or another factual basis.
Would the Allegation Defeat EB-1A Eligibility?
The proposed evidence should be tested against the actual extraordinary ability requirement USCIS says was not established.
Does the Complete Record Overcome the Proposed Ground?
The response should correct factual errors, supply context, authenticate disputed evidence, and explain why the approved petition remains supported under the governing EB-1A standard.
What part of the approved extraordinary ability case is USCIS reconsidering?
Previously Accepted Criteria Are Reexamined
USCIS may reconsider whether awards, memberships, published material, judging, original contributions, scholarly authorship, display, critical roles, high compensation, or other evidence actually satisfied the applicable criterion.
Evidence Allegedly Does Not Show Extraordinary Ability
The NOIR may accept that individual accomplishments occurred while questioning whether the record as a whole shows sustained acclaim and the level of achievement required for extraordinary ability.
Major Significance Is Questioned
USCIS may revisit whether research, technology, business achievements, innovations, methods, patents, or other original work actually had the major significance claimed in the approved petition.
Role or Organization Reputation Is Challenged
The agency may question whether the beneficiary's work was truly leading or critical or whether the organization or establishment had the distinguished reputation required by the criterion.
Salary, Citations or Other Metrics Are Reconsidered
USCIS may challenge the comparison group, benchmark, underlying data, citation evidence, salary information, award statistics, rankings, or other evidence used to show extraordinary standing.
Authenticity or Accuracy Is Questioned
A NOIR may allege that letters, publications, awards, media, employment records, financial documents, citation evidence, organizational records, or other exhibits contain inaccurate or unreliable information.
Revocation may turn on what accepted achievements actually demonstrate.
Separate the existence of an achievement from its significance.
An EB-1A NOIR may acknowledge publications, citations, peer review, awards, media, leadership, compensation, patents, commercial results, or other achievements yet conclude that the evidence does not establish the required overall level of extraordinary ability.
The response should therefore show why the evidence demonstrates sustained recognition and extraordinary standing when evaluated cumulatively.
Independent adoption, influential citations, comparative citation evidence, selective awards, commercial impact, organizational reputation, major project outcomes, independent media, grants, licensing, patents, or other objective evidence may help explain significance.
Where USCIS previously misunderstood an exhibit or now characterizes it differently, quote the relevant evidence directly and explain why the agency's new factual premise is incorrect.
What evidence can reinforce the original extraordinary ability record?
Third-Party Evidence
Independent articles, citations, adoption, awards, contracts, patents, licenses, conference invitations, industry recognition, or other external evidence may corroborate achievements claimed in the petition.
Place Achievements in Context
Field-specific citation comparisons, compensation data, award selectivity, market information, rankings, audience data, or other objective benchmarks may demonstrate relative standing.
Document Actual Impact
Use records showing implementation, adoption, citations, commercial results, technical reliance, clinical or research use, licensing, policy influence, or other measurable effects of the beneficiary's work.
Connect Work to Organizational Results
Project records, revenue information, patents, technical achievements, leadership records, internal evidence, and independent recognition can help show why the beneficiary's role was critical.
Specific Independent Analysis
Expert letters are strongest when they explain particular achievements, identify the writer's basis of knowledge, provide field context, and are supported by objective records.
Resolve Evidence Integrity Questions
Where USCIS disputes a document, obtain reliable source records, certifications, institutional confirmation, authorship evidence, translations, or other documentation addressing authenticity directly.
An authenticity allegation is different from a disagreement over evidentiary weight.
Determine exactly what USCIS believes is inaccurate.
A NOIR may allege that evidence submitted with the petition was false, altered, exaggerated, fabricated, inaccurately translated, or otherwise unreliable. That type of allegation should be separated from a routine argument that genuine evidence simply deserves less weight.
Identify each disputed document or statement, determine its source, compare the NOIR with the actual record, and obtain direct corroboration where possible.
If USCIS relies on government information, an investigation, another petition, an interview, or evidence unknown to the self-petitioner, evaluate whether the NOIR provides enough information to understand and meaningfully rebut the proposed finding.
Where fraud or willful misrepresentation is alleged, avoid treating the issue merely as another final merits disagreement because the consequences may extend beyond the I-140 itself.
EB-1A does not depend on one permanent employer.
Six principles for responding to an EB-1A NOIR.
Identify the Good-Cause Theory
Determine what information caused USCIS to reconsider the petition and which original eligibility finding the agency now disputes.
Compare the NOIR With the Approved Record
Review the original I-140, exhibits, RFE response if any, recommendation letters, USCIS findings, and approval history before drafting the rebuttal.
Separate Criteria From Final Merits
Address whether each disputed criterion is satisfied and separately explain what the complete evidence establishes about extraordinary ability.
Correct Every Factual Error
Incorrect dates, citation figures, award descriptions, job titles, publication information, salary data, or organizational facts should be identified and corrected explicitly.
Use Independent Corroboration
Objective evidence can be especially important when USCIS questions letters or statements submitted by people connected to the beneficiary.
Preserve the Record for Appeal
A final revocation has a short appeal period. Put critical evidence, legal arguments, factual corrections, and authentication material into the record at the NOIR stage.
USCIS provides only a short period to oppose revocation.
The maximum USCIS NOIR response period is 30 days.
Use the deadline stated on the actual notice. A complex EB-1A revocation response may require independent experts, citation analysis, award documentation, organizational records, authentication evidence, publications, employment records, translations, or other third-party documents.
Start with the individual proposed findings immediately and assign evidence to each one rather than waiting until the entire response has been drafted.
Do not assume USCIS will issue another RFE or NOIR before making the final revocation decision.
The self-petitioner may have a very short period to appeal.
A revocation-on-notice decision can generally be challenged through Form I-290B.
Because the EB-1A beneficiary is also the self-petitioner, the person has standing as the petitioner in the I-140 proceeding.
Current USCIS filing rules generally require an appeal from a revocation decision within 15 calendar days after service, or 18 calendar days when USCIS mailed the decision.
The final decision should be reviewed immediately to determine whether an appeal, motion to reopen, motion to reconsider, combined motion, refiling, or another employment-based strategy is appropriate and what effect the revocation has on any pending adjustment application.
EB-1A NOIR FAQs
Common questions after USCIS announces that it intends to revoke an approved extraordinary ability petition.