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What is a NOID and how does it differ from an RFE on an EB-5 application?

What is a Notice of Intent to Deny? How is the NOID different from a Request for Evidence? How should an EB-5 investor respond to a NOID versus an RFE?

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    The NOID is a Notice of Intent to Deny issued when USCIS intends to deny your petition or application unless the investor can overcome their presumptions. The RFE is a Request For Evidence issued when USCIS needs the investor to provide more evidence in order to adjudicate the petition or application. Both the NOID and RFE require a response within the required period of time with sufficient explanation.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    A NOID is a notice of intent to deny and it is different from an RFE in that the USCIS adjudicator is not requesting additional evidence to demonstrate eligibility for the classification being sought by the petitioner. The adjudicator has reviewed the entire file and has determined that there is sufficient evidence that the petition is not approvable. The petitioner might not be aware of this fact. Therefore, the USCIS regulations require that before the petition may be denied, the petitioner must be given the opportunity to know and address (respond to) any derogatory evidence or information. The NOID should clearly state the reason(s) for the proposed denial and give the petitioner the opportunity to respond. In most cases where a NOID is issued, it follows the RFE and the response from the petitioner, but not always. The response to the NOID should provide evidence to rebut or address the information in the NOID, similar to an RFE response. The NOID response usually is due in 30 days, so the time given is shorter than most RFEs. If the response to the NOID is sufficient, the petition will be approved. If not, the petition will be denied, and the petitioner will have to decide whether or not to appeal or file a motion to reopen/reconsider.

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    Robert Lee

    Immigration Attorney
    Answered on

    NOID is a notice of intent to deny. Essentially, the USCIS is saying we are going to deny your petition unless you have a really good explanation. The preparation of the RFE and NOID is the same. Sometimes you do not even get a NOID after an RFE, just denial. So if you do not have a good strategy to address the issues in the NOID you should probably withdraw and reapply.

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    J Bruce Weinman

    Immigration Attorney
    Answered on

    A Notice of Intent to Deny means that the immigration service intends to deny your petition or application. A request for additional evidence requires a lower burden of persuasion in the response. Both should be taken very seriously and need to be responded to appropriately.

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    Cecilia Shang Benting

    Immigration Attorney
    Answered on

    A NOID is a "Notice of Intent to Deny." It is similar to an RFE, but worse. A NOID is issued when the examiner believes the case probably cannot be repaired by the petitioner supplying additional evidence. Nonetheless, the petitioner is provided with a list of how the paperwork is deficient and the petitioner is given a chance to correct the deficiency.

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    John J Downey

    Immigration Attorney
    Answered on

    A Notice of intent to deny (NOID) is more serious than an RFE. You must provide the answer for it unequivocally, while an RFE is for less serious matters, such as a missing document.

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    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    The NOID (Notice of Intent to Deny) and RFE (Request for Evidence) exist separately due to different regulatory process, even though they are similar. The underlying issue is the same - USCIS has identified a deficiency that needs to be overcome or a denial will be on its way. Both provide a tight time period to respond in. Most NOIDs have a 30-day responding period. By comparison, most RFEs provides 87 days for response.

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    Ed Beshara

    Immigration Attorney
    Answered on

    You have the opportunity to respond with evidence to the same type of questions asked in both the RFE or NOID.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    A NOID is much more serious and the time to respond is shorter. They have basically decided to deny your case unless you can overcome the basis for denial.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    NOID is the investor's last chance to save a petition. The difference between an RFE and a NOID is evident in their names. When USCIS issues an RFE they are essentially stating "we need clarification and/or need additional evidence." With a NOID, USCIS communicates its preliminary determination that the petition does not qualify for the benefit sought and its intent to deny the petition. The investor must take both the RFE and NOID very seriously and respond within the proscribed response time period. Note, one cannot obtain an extension on RFE or NOID response time. Your attorney should manage the entire response process and determine whether other professionals need to be brought in (including a second attorney if needed to manage the workload).

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The Request for Evidence (RFE) is when USCIS wants to see additional information/evidence because they think that what you have submitted is not sufficient enough to complete their adjudication review. I understand that USCIS has been issuing more RFEs as their review process becomes more stringent. If the additional evidence that an investor/petitioner submits is sufficient, the petition will be approved. On the other hand, the Notice of Intent to Deny (NOID) is when USCIS completes its review of all the documents, petition, supporting documents and even additional documents and response received after the RFE, and decides that the petition and all the supporting evidence are not sufficient and the application is not approvable as it stands. In this situation, unless you can successfully address and overcome their reasons for denial, your application will be denied.

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    Louis M Piscopo

    Immigration Attorney
    Answered on

    A NOID is a Notice of Intent to Deny. This means USCIS has decided to deny your petition, but will give you the chance to overcome the intended denial if you can satisfactorily respond to their concerns. In other words, based on the information and documents you provided, they believe they should deny your case. They generally give you 30 days or less to respond. A Request for Evidence (RFE) means that USCIS believes that there is not enough information filed for them to make a decision, or that the information or documents that were filed leaves them with some questions they want you to answer. The USCIS sometimes gives up to 3 months to respond to a RFE. You should respond to either the NOID or RFE as completely as possible. Frequently, the NOID response will also include legal arguments showing why the USCIS decision to deny is wrong.

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    Kyle Barella

    Immigration Attorney
    Answered on

    A RFE is a request from USCIS for the investor to produce more evidence to complete their adjudication of the petition. A NOID is exactly as it appears. USCIS needs no further information, as they intend to deny the petition. Hopefully, as an investor you are not responding on your own, but have retained an immigration attorney.

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    Stephen Berman

    Immigration Attorney
    Answered on

    A Request for Evidence does not suggest that the immigration service has an intent to deny the application. But a Notice of Intent to Deny states that the immigration service does intend to deny the application unless you can rebut their findings. As such, a NOID response usually calls for legal argument.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    A NOID is a Notice of Intent to Deny, which is indeed very similar to an RFE in that you do have an opportunity to provide additional evidence in order to avoid a denial. Investors should retain immigration counsel to assist with responses, as there are important timelines and methods of response to consider.

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    Yevgeny Samokhleb

    Immigration Attorney
    Answered on

    A NOID and an RFE are almost the same. They are both a letter from USCIS saying that there is insufficient evidence to support the underlying application or petition. The difference is in the burden of proof that the applicant must overcome. With an RFE, USCIS is saying "we are inclined to approve the case and will probably do so as soon as you send us some additional documents." With a NOID, USCIS is saying "we will probably deny this case unless you can convince us otherwise." A NOID typically requires much more evidence to be submitted than an RFE.

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