EB-5 Q&A: What is a NOID and how does it differ from an RFE to an EB-5 application?

Question Detail: 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?


Answer:   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. RFE is a Request For Evidence issued when USCIS needs investor to provide more evidence in order to adjudicate the petition or application. Both NOID and RFE require a response within the required period of time with sufficient explanation.