A Notice of Intent to Deny (NOID) doesn’t equate to visa denial, yet it doesn’t signify approval either. While receiving a NOID may be daunting, employing the correct immigration strategy can transform NOIDs into approvals.

What is a Notice of Intent to Deny (NOID)?

A Notice of Intent to Deny (NOID), among various responses from the United States Citizenship and Immigration Services (USCIS) during case assessments, signifies USCIS’s intention to reject a petition. It outlines case concerns and provides the applicant an opportunity to present compelling evidence demonstrating their eligibility.

What other responses does USCIS issue?

• Approval
• Request for Additional Evidence (RFE)
• Denial

What are the distinctions between a NOID and an RFE?

A Notice of Intent to Deny (NOID) carries greater severity, signaling USCIS’s grave doubts regarding the applicant’s eligibility, whereas a Request for Evidence (RFE) seeks supplementary documentation. USCIS resorts to a NOID when deeming a case improbable for approval, whereas an RFE is issued when a case potentially warrants approval but lacks sufficient evidence. Both RFEs and NOIDs afford the applicant a final opportunity to substantiate their eligibility and can potentially lead to approvals.

What are effective strategies for responding to a NOID?

Here are steps to effectively respond to a Notice of Intent to Deny on your immigration application:

1. Collaborate with a seasoned immigration attorney: Unless you possess substantial legal expertise, always enlist the assistance of an immigration specialist to address a NOID. Rely on their comprehension of immigration law and track record of successfully resolving similar NOIDs.
2. Comprehend the NOID: You and your immigration lawyer must grasp the reasons behind the challenge to your application. The NOID from USCIS should furnish a comprehensive explanation of each concern and specify the evidence required for resolution.For instance, in the case of an EB-1A NOID, scrutiny may revolve around the applicant’s compliance with EB-1A criteria. USCIS will provide examples for each criterion to demonstrate compliance.
3. Develop a NOID response strategy: Your immigration attorney will assist you in formulating a response strategy tailored to address USCIS’s concerns with your case.
4. Gather additional evidence: Subsequently, you’ll need to gather evidence to counter each of USCIS’s concerns outlined in the NOID. The NOID may offer some examples of required evidence, and your immigration attorney can aid in brainstorming additional options. For example, if an EB-1A NOID questions your adherence to critical employment criteria, USCIS may request further evidence substantiating your pivotal role within your company. Testimonial letters from company executives affirming the critical nature of your position could be collected.
5. Timely submission of NOID response: It’s crucial to submit your response to the NOID by the specified deadline indicated on the notice. Typically, this deadline falls 30 days after the NOID issuance. Failure to respond within the stipulated timeframe will lead to the denial of your application.

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