How to Handle an RFE or NOID

What is an RFE?

A Request for Evidence or RFE is a second chance to get your case approved by USCIS.  If USCIS determines that the initial application did not contain all required initial evidence or that the evidence submitted does not demonstrate eligibility, an RFE will be issued asking the applicant or petitioner to submit additional documentation.  In some instances an application or petition will be denied without requesting additional evidence but this is extremely rare.   In other cases where USCIS is predisposed to denying an application or petition, it will issue a Notice of Intent to Deny (NOID).  In most cases USCIS will allow 87 days to prepare and file a response to an RFE.

What is a NOID?

A Notice of Intent to Deny or NOID is much harsher than an RFE.  An NOID is issued after USCIS reviewed an application or petition and either 1. believes there is no basis to approve the case or 2. USCIS has other negative evidence, that it may or may not share with the applicant or petitioner, that may render the applicant ineligible.  In most cases USCIS will allow 30 days to prepare and file a response to an NOID.

Why Did USCIS issue an RFE or NOID?

The reasons for the RFE or NOID will depend on the type of application or petition submitted.  For example, if the request relates to an 1-129 petition such as an H1B, USCIS may question whether the position is truly a specialty position or whether or not there is a true employer-employee relationship between the petitioner and beneficiary.  If the request related to an I-140 petition such as an EB1 or NIW, USCIS may question whether the beneficiary’s educational credentials qualify as an advanced degree or if the beneficiary’s professional accomplishments meet the minimum requirements for the petition.

What Should I Do if I Get an RFE or NOID?

First of all, just because you received an RFE or NOID doesn’t mean that you or your attorney did anything wrong.  Your application or petition may have been prepared thoroughly and the adjudicating officer did not review everything or misapplied the laws or regulations.  Getting an RFE or NOID can be an opportunity to reintroduced already submitted documentation and giving them greater emphasis to ensure the adjudicating officer understands their importance.

How Should I Respond to an RFE or NOID?

Most RFEs or NOIDs are complicated and require a certain expertise to handle.  You should be mindful of the the response deadline and understand that your response to their inquiry is likely the last chance you will have to get your case approved unless you are interested in going through the long and difficult appeals process.  Strategy is key in handling your response and we have been handling RFE and NOID responses for almost 20 years.  A well documented, convincing and thoroughly prepared application is the only way to win in either situation.  We have won many difficult cases.  If you would like our expert help, please feel free to email your RFE or NOID to or call us at 305 515 0613.   We look forward to winning your case for you.

Posted on December 5, 2021 at 7:14 pm by Immigration Lawyer Peter Messersmith · Permalink

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