Approved after NOID
A law enforcement record didn't stop it
NOID Triggered by a Law Enforcement Record, OPT Work Authorization Approved
Background
Student C applied for OPT work authorization before graduating and received a Notice of Intent to Deny (NOID) because of a law enforcement record.
Challenges
- Even when a law enforcement record never leads to charges, USCIS can still deny as a matter of discretion.
- Some records had been legally sealed, making the original documents hard to obtain.
Strategy
- Reviewed every document, including the law enforcement files, and rebuilt a complete chain of facts with no gaps.
- Tailored the response to the specific circumstances of that record.
- Presented the favorable factors in C's background in a tailored way to make the most of the officer's discretion.
Case Timeline
| Date | Milestone |
|---|---|
| 06/17/2026 | NOID received |
| 07/10/2026 | Response filed |
| 08/10/2026 | OPT approved |
Closing Note
A law enforcement record and a NOID are not the end. What matters most is laying out the facts, the legal boundaries, and the supporting reasons clearly, in one response, based on the specific case and the person's background.
Outcome
OPT work authorization approved one month after the NOID response was filed.