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What to do if you get a Notice of Intent to Deny (NOID)

A Notice of Intent to Deny (or NOID for short) is not a visa denial, but it certainly isn't an approval either. Receiving a NOID on your case can feel overwhelming, but with the right immigration strategy, NOIDs can be turned into approvals. 

What is a NOID?

A Notice of Intent to Deny (or NOID for short) is one of several possible responses that United States Citizenship and Immigration Services (USCIS) issues when reviewing immigration cases. 

A NOID is issued by USCIS when they intend to deny a petition. The NOID describes the issues with the case and offers the applicant a chance to submit substantial evidence proving their eligibility. 

What are the other USCIS responses?

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

How is a NOID different from an RFE?

A NOID is more serious. A NOID indicates that USCIS has severe concerns about the applicant's eligibility, while an RFE requests additional evidence. 

USCIS issues a NOID when they feel that a case is unlikely to receive an approval. They issue an RFE when they think that a case could receive an approval but more evidence is required. 

Both RFEs and NOIDs give the applicant one last chance to prove their eligibility, and both can be turned into approvals. 

How can you successfully respond to a NOID?

If you receive a Notice of Intent to Deny on your immigration application, follow these steps to respond successfully:

1: Partner with an experienced immigration attorney: Unless you have substantial legal experience, always work with an immigration expert to respond to a NOID. You can rely on their understanding of immigration law and experience successfully turning around similar NOIDs. 

2: Understand the NOID: You and your immigration lawyer must understand the reason(s) why your application is being challenged. The NOID from USCIS should provide a detailed explanation of each issue and what evidence is needed to address it. 

For example, an EB-1A NOID may challenge whether the applicant meets the EB-1A criteria. For each criterion, USCIS will give examples of how you can prove that you do meet the criteria. 

3: Create a NOID response strategy: Your immigration attorney will help you create a NOID response strategy that directly addresses USCIS's issues with your case. Immigration att

4: Collect additional evidence: Next, you will need to collect evidence to respond to each of USCIS's issues in the NOID. The NOID should give some examples of evidence, and your immigration attorney can help you brainstorm further.

For example, if you received an EB-1A NOID that questions whether you meet the critical employment criteria, USCIS may request more evidence that you truly were critical at your company. You could gather testimonial letters from executives at your company declaring the critical nature of your role.

5: Submit a NOID response on time: It is important to respond to the NOID by the due date on the NOID notice. The due date is typically 30 days after the NOID is issued. Failing to respond within the allotted time will result in your application being denied.

Final Thoughts: USCIS Notice of Intent to Deny

Receiving a NOID can be a daunting experience, but just remember that it is not necessarily the end of the road. Partner with our team of experienced immigration attorneys for your best chance of turning your NOID into a visa approval. 

About the author:

Allison Davy

Vice President Marketing, Legalpad

Allison helps startup founders from around the world navigate the complex U.S. immigration system so they can pursue their goals and purpose.