Navigating U.S. immigration law can be overwhelming. Between completing forms, paying fees, gathering evidence, and preparing for interviews, even a small mistake can complicate your case. If you’ve already received a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), it’s important to know what they mean—and how to respond effectively. Below, the immigration attorneys at Green Card Link explain the difference between these two USCIS actions and what steps you should take next.
Rejection vs. Denial: Understanding the Basics
Before diving into RFEs and NOIDs, it’s important to understand the distinction between a rejection and a denial. Though they sound similar, they carry different implications under immigration law.
When your visa or green card petition is first received, USCIS reviews it for basic completeness—checking that forms are properly filled out, fees are paid, and required evidence is included.
- If your application is incomplete or contains errors, it will likely be rejected, meaning USCIS will not even process it.
- If it passes initial review but is later found to lack eligibility or required proof, it can be denied after full evaluation.
Once you understand these differences, you’ll be better prepared to handle an RFE or NOID.
What Is a Request for Evidence (RFE)?
A Request for Evidence (RFE) is a notice from USCIS indicating that your petition is missing important documentation or details needed to make a decision. Common reasons include missing copies of a birth certificate, marriage license, degree, passport, or other supporting evidence.
Sometimes, an RFE may request more complex materials, such as proof of an employer’s financial ability to pay the offered wage or documentation verifying a valid employer-employee relationship for H-1B petitions.
If you fail to respond—or your response is incomplete—your petition could be denied or rejected. RFEs are quite common and have become increasingly frequent as USCIS tightens scrutiny on visa applications.
What Is a Notice of Intent to Deny (NOID)?
A Notice of Intent to Deny (NOID) is a more serious communication from USCIS. It means the adjudicating officer intends to deny your petition but is giving you a chance to present additional evidence or clarify concerns before issuing a final decision.
Unlike an RFE, which simply asks for more information, a NOID usually arises when USCIS questions your eligibility. This could be due to discovered inconsistencies, past immigration violations, or background issues such as a criminal record. A NOID outlines the reasons for the pending denial and allows you to defend your case before it becomes final.
RFE vs. NOID: Key Differences
While both are official USCIS notices requiring a timely response, their intent and consequences differ:
Aspect | RFE (Request for Evidence) | NOID (Notice of Intent to Deny) |
Purpose | Seeks additional documentation or clarification | Indicates the petition will be denied unless strong evidence is presented |
Tone | Neutral — officer is undecided | Serious — officer believes denial is warranted |
Response Time | Generally longer (often up to 90 days) | Typically shorter (around 30 days) |
Next Step | Submit requested evidence | Present a comprehensive defense addressing each issue |
What to Do If You Receive an RFE
If you receive an RFE, don’t panic—but act quickly. The first step is to contact an immigration attorney at Green Card Link. You will need to review the notice carefully, gather the requested evidence, and submit a timely, organized response.
There are three types of RFE responses:
- Full response: Submitting all requested evidence.
- Partial response: Providing only some of the requested materials.
- Withdrawal: Choosing to withdraw your petition altogether.
Submitting a partial response doesn’t automatically mean denial, but it carries risk. A complete and well-prepared response from your attorney gives you the best chance of approval. Keep in mind that while premium processing can speed up USCIS review, it does not influence your approval odds.
What to Do If You Receive a NOID
Receiving a NOID can be stressful, but it’s not the end of your immigration journey. The NOID is issued to give you an opportunity to salvage your case before a final denial.
Receiving a NOID can be stressful, but it’s not the end of your immigration journUSCIS usually allows 30 days to respond, so time is critical. Bring the NOID to Green Card Link immediately to ensure every issue raised is fully addressed. Unlike an RFE, partial responses to a NOID are rarely sufficient—you must respond to every point of concern with clear, persuasive evidence.ey. The NOID is issued to give you an opportunity to salvage your case before a final denial.
What Is a NOIR?
In some cases, even after a visa has been approved, USCIS may issue a Notice of Intent to Revoke (NOIR) if new information suggests potential fraud or ineligibility. A NOIR functions similarly to a NOID, outlining reasons for possible revocation and giving you a chance to respond. Work with an experienced immigration attorney at Green Card Link to prepare a strategic and thorough reply.
Denials After an RFE or NOID
If your petition is still denied despite a well-prepared response, you have several options depending on your visa category:
- File an Appeal with the Administrative Appeals Office (AAO) (available for select visa types).
- Submit a Motion to Reopen or Reconsider if new evidence or a legal error can be shown.
- Refile the Petition if the issue was a simple mistake.
- Apply for a Different Visa that better fits your qualifications.
Every decision should be made carefully with the guidance of a qualified immigration attorney who understands your unique circumstances.
How Green Card Link Can Help
Whether you’ve received an RFE, NOID, or NOIR, the most important thing is not to delay. These notices are time-sensitive and require precise legal handling. At Green Card Link, its immigration attorneys have decades of experience assisting clients with complex USCIS cases—from initial filings to overcoming denials.
The immigration attorneys at Green Card Link will guide you through every stage of your immigration process, helping you craft strong, timely responses and protecting your investment in your future.
If you’ve received an RFE or NOID, don’t face it alone. Contact Green Card Link today to schedule a consultation with one of its skilled immigration attorneys and take proactive steps toward securing your visa or green card approval.