NSC recently issued clarification on its RFE vs. NOID issuance on I-140 petitions subject to Kazarian’s two-part analysis, such as petitions for Aliens of Extraordinary Ability and Outstanding Professors or Researchers. The issue with this review is that applicants in these categories basically must prove their case to CIS twice.
Kazarian is a 2 part analysis. The first part is relatively simple, the applicant must demonstrate that they meet the required number of criteria, for example 3 out of 10 or 2 out of 6. The second part is a “Final Merits Test” in which the adjudicating officer takes all the evidence presented as a whole to determine if the applicant has in fact met the requirement of their petition, that they are truly extraordinary or outstanding. In short, the officer decides the “quality” of the evidence used to meet the appropriate number of criteria.
The craziest part, if you cannot even meet the first part, the application does not demonstrate that you meet enough of the criteria, CIS issues an RFE to gather more evidence. However, if you meet the first part, but the officer determines that your evidence is not “quality” enough, CIS will issue a NOID!
I’m not really surprised that CIS is doing something backwards issuing NOID’s for petitions that meet most requirements (and the second analysis is basically up to the discretion of that officer) and RFE’s for petitions that meet none, but come on man that’s crazy.