Common Reasons for RFEs and NOIDs on EB-1A Cases in 2026

The EB-1A Extraordinary Ability category remains one of the most attractive employment-based immigration options for highly accomplished professionals. It offers a pathway to a U.S. green card without requiring a job offer or labor certification. However, the standard is extremely high, and United States Citizenship and Immigration Services has become increasingly selective in adjudicating these petitions.

In 2026, many applicants are receiving Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) even after initially meeting three or more EB-1A criteria. The trend reflects a stronger emphasis on the Final Merits Determination, where USCIS evaluates whether the petitioner is truly among the small percentage at the very top of the field. Here, our EB1A consultants have discussed, based on our experience and professional veteranship, the nature of the RFEs and NOIDs that are trending in modern cases.

Understanding RFEs and NOIDs

An RFE is a request from USCIS asking for additional evidence before a decision is made. A NOID is more serious; it means USCIS believes the petition may be denied unless the applicant can overcome the stated concerns with compelling evidence.

While an RFE can often be resolved with stronger documentation, a NOID usually indicates deeper problems with the petition’s overall credibility, or final merits presentation.

Failure at the final merits determination stage

This is arguably the biggest reason for RFEs and NOIDs in 2026. USCIS may accept that an applicant technically satisfies three EB-1A criteria, yet still conclude that the evidence does not establish “sustained national or international acclaim.”

For example, an applicant may show:

• Published articles
• Judging experience
• Original contributions

But USCIS may still ask: Is the applicant widely recognized beyond their employer? Has the work had major influence in the field? Is the acclaim sustained and internationally acknowledged?

This two-step analysis has become central to EB-1A adjudications. Hence, if you merely fulfill one step, you may not be able to get away with the second one.

Weak evidence of original contributions

USCIS increasingly scrutinizes claims related to “original scientific, scholarly, artistic, athletic, or business-related contributions of major significance.”

There also are some common symptoms that may trigger a RFE or NOID:

• Describing routine job duties as “innovative”
• Lack of independent proof that the contribution impacted the field
• No evidence of adoption, citation, implementation, or industry influence
• Vague recommendation letters using generic praise

In 2026, USCIS officers are asking for objective evidence such as:

• Patent licensing or commercialization
• Citations and scholarly impact
• Industry adoption
• Media discussion of the work
• Evidence that others relied on or implemented the contribution

Hence, you need to go beyond mere positioning to find success with the EB-1A green card. It is best if you can demonstrate real expertise instead of merely positioning your skills in fancy words.

Impact limited to the employer

A recurring issue is when the petition demonstrates success within a company but not influence across the broader field.

USCIS often questions:

• Whether achievements benefited only the employer
• Whether the applicant’s work affected the industry, profession, or academic community
• Whether the recognition is independent rather than internally generated

For EB-1A approval, excellence inside a company is usually not enough. The evidence must show that the applicant’s work has broader significance beyond the organization. Hence, instead of choosing a closed territory, it is best to pick a wider field and prove your impact in the same.

Generic or weak recommendation letters

Though recommendation letters remain an important aspect of your profile, USCIS has become more skeptical of formulaic letters.

Weak letters often:

• Repeat the same language
• Lack specific examples
• Come primarily from colleagues or supervisors
• Fail to explain why the applicant’s achievements are exceptional in the field

Instead, you should showcase recommendation letters that have the following features: It should be written by independent experts It needs to explain the significance of the applicant’s work in detail Compare the applicant to peers in the field Provide concrete examples of impact and recognition

At GCEB1, our EB1A consultants mentor applicants to choose only the strongest cases so that their profiles never arouse any suspicion on the part of adjudicators.

Insufficient evidence of sustained acclaim

USCIS does not only look for isolated achievements; it looks for a pattern of sustained recognition over time.

Problems arise when:

• Awards are one-time or minor
• Media coverage is limited or promotional
• Accomplishments are recent and not yet established
• There is little evidence of ongoing influence in the field

Applicants should demonstrate a consistent record of distinction through:

• High-profile publications
• Speaking engagements
• Leadership roles
• Judging invitations
• Media recognition
• Scholarly or industry impact over multiple years
• Major Awards

Poorly organized or inconsistent petitions

Even strong candidates can receive RFEs if the petition is poorly presented. And this is yet another persistent issue with many profiles: they are not arranged properly despite having strong achievements. Disorganized profile exhibits:

• Missing translations or certifications
• Inconsistent dates or job titles
• Claims not supported by evidence
• Lack of a coherent narrative connecting the evidence to the EB-1A standards

A successful petition should guide the officer clearly through:

• Each claimed criterion
• The supporting evidence
• How the evidence demonstrates extraordinary ability

At GCEB1, we brainstorm with our candidates to structure the profile in an adjudication-ready manner. At the end of our consultation and mentorship, the profile will look a lot less like a scattered pile of achievements and career laurels, and more like a convincing narrative of sustained impact.

Increased scrutiny of digital evidence

Last but not least, another trend we have noticed among the applicants is that many are submitting digital evidence to support and substantiate their applications. An emerging 2026 trend is heightened scrutiny of digital documentation.

USCIS officers are reportedly paying closer attention to:

• Screenshots without verifiable sources
• Altered or compressed PDFs
• Social media evidence lacking authenticity indicators
• Documents that cannot be independently verified

Applicants should preserve original files, provide source URLs when possible, and ensure that digital evidence is authentic and traceable. They need to be well accustomed to digital copyright laws and other formalities when they are presenting their digital evidence. At GCEB1, we provide detailed EB1A consultations to applicants regarding filing and submitting digital evidence.

In place of conclusion

RFEs and NOIDs in EB-1A cases are increasingly driven not by technical eligibility alone, but by USCIS’s broader assessment of whether the applicant truly stands at the top of the field. Meeting three criteria is no longer enough by itself. The petitions that truly stand out are the organic ones.

And at GCEB1, our team of EB1A experts turns over every stone to compile an organic profile that clearly and succinctly communicates all your achievements. For more personalized guidance, you can directly get in touch with us. We wish you a safe and stress-free immigration journey ahead.

FAQs on RFE & NOIDs

1. What is the difference between an RFE and a NOID in an EB-1A case?

A Request for Evidence (RFE) is issued when USCIS needs additional documentation or clarification before making a decision. A Notice of Intent to Deny (NOID) is more serious and indicates that USCIS believes the petition may not qualify unless the applicant successfully addresses specific concerns. While both require a response, a NOID generally signals a higher risk of denial.

2. Why are RFEs and NOIDs becoming more common in EB-1A cases in 2026?

USCIS has increased its scrutiny of EB-1A petitions, particularly regarding the quality and significance of evidence. Officers are focusing more heavily on whether applicants can demonstrate sustained national or international acclaim and whether their achievements place them among the top professionals in their field, rather than simply meeting the minimum eligibility criteria.

3. Can I receive an RFE or NOID even if I satisfy three EB-1A criteria?

Yes. Meeting three of the ten regulatory EB-1A criteria is only the first step of the adjudication process. USCIS also conducts a broader review of the evidence, often referred to as the “final merits” analysis, to determine whether the applicant has truly demonstrated extraordinary ability and sustained acclaim. Many RFEs and NOIDs in 2026 arise during this stage.

4. What is the most common reason for an EB-1A RFE in 2026?

One of the most frequently challenged criteria is Original Contributions of Major Significance. USCIS increasingly expects applicants to show that their work has influenced the broader field, not just their employer. Evidence such as industry adoption, independent recognition, citations, implementation by others, and measurable impact can be crucial in satisfying this requirement.

5. Why does USCIS question recommendation letters?

Recommendation letters often trigger concerns when they are generic, repetitive, or unsupported by objective evidence. USCIS generally gives more weight to letters from independent experts who can explain the applicant’s contributions, influence, and significance within the field using specific examples and verifiable facts.