Final Merits Challenges and NOIDs: How Park’s Expert Letters Can Help

By Amy Fredrickson

In this challenging immigration climate, firms are increasingly navigating Notice of Intent to Deny (NOID) decisions from USCIS in response to extraordinary ability and outstanding researcher visa petitions. Many of these decisions acknowledge satisfaction of the basic evidentiary criteria but challenge cases based on the second phase of the adjudication process: the final merits review.

Park’s experts help firms respond to these final merits challenges through various techniques. For instance, we offer in-depth expert letters that contextualize why evidence is of sufficient quality to distinguish a beneficiary from those who may only meet the literal definition of the extraordinary ability criteria.

In a recent case, our expert used his background in academia to explain a candidate’s impressive publication record. By using citation data, journal acceptance rate, and his knowledge of scholarly journals and conference proceedings, our expert offered a substantial response to USCIS’ challenge that the candidate’s record of authorship did not rise to the level of an outstanding researcher.

Similarly, our experts have effectively responded to judgment criterion challenges by leveraging their understanding of academic judging roles, such as peer review. This unique understanding allows them to detail who is selected to occupy these positions, describe why the specific outlet matters, and explain what elements of the evidence distinguish the candidate from others who may meet the plain language of the criterion.

For other recent cases, Park’s experts have combed through candidates’ independent citations and examples of their field-wide implementation. By taking the time to familiarize themselves with how beneficiaries have influenced their field, our experts develop compelling arguments that directly address USCIS’ request for specific, concrete information on how a candidate has materially shaped their field.

Our experts also support NOID responses by deep diving into databases that enable them to assess the international recognition of beneficiaries’ work compared to others in the field. To emphasize impact, our experts have access to specific metrics that allow them to thoroughly evaluate and objectively demonstrate the influence of a candidate’s work. These specific data points will be included in letters when applicable to further fight final merits challenges. This approach combines objective measurements of influence with an expert understanding of what constitutes an “outstanding” researcher or a professional of extraordinary ability.

Through these expert letters, Park provides clients with effective and targeted responses to USCIS’ final merits challenges. Reach out to [email protected] to learn more today!