What is the difference between NOID and RFE in an EB-5 visa case?

RFEs are requests for additional evidence requested by USCIS on a pending case. NOIDs are notices of intention to deny a case generally issued after a response to the RFE.

RFE is a request for additional evidence. NOID is a notice of intent to deny.

A matter of degree. A NOID or Notice of Intent to Deny, is just that. A notice of intent to deny the petition, unless certain presumptions outlined in the NOID are overcome. An RFE, or Request for Evidence, outlines what type of information USCIS believes it needs to make a more informed decision on a petition.

After the investor files their EB5 petition (I-526), USCIS may request further evidence in support of their petition. This is known as a "Request for Further Evidence" or RFE. A NOID, is a "Notice of Intent to Deny" and will be sent after USCIS has received the response to their RFE and determined that the evidence is insufficient to approve the EB-5 petition.

A NOID is a Notice of Intent to Deny the case. An RFE is a Request for Evidence issued when the USCIS feels that they need more information from the applicant to make a decision on the case. Both NOIDs and RFEs can be successfully overcome with the assistance of experienced immigration counsel.