What is the attorney’s role in responding to an RFE and NOID in EB-2 NIW?

An RFE (Request for Evidence) and a NOID (Notice of Intent to Deny) are stages in which the USCIS signals that it needs additional evidence before deciding on your EB-2 NIW case. At this point, the attorney’s role is to turn a delicate situation into an organized and persuasive response.

In practice, that support typically includes:

• Interpreting what was questioned: reading the notice and identifying precisely which points the officer considered weak.
• Gathering the right evidence: advising on which new documents, expert letters, or clarifications strengthen exactly those points.
• Structuring the response: drafting the argument in a coherent way, connecting the evidence to the EB-2 NIW criteria.
• Managing the deadline and format: ensuring the response is complete and submitted within the deadline stated in the notice itself.

Hiring an attorney is not required, but in an RFE or NOID the quality and precision of the response carry significant weight, and an experienced professional reduces the risk of leaving gaps. Each case is evaluated individually by the competent authority.

If you have received one of these notices, it is worth proceeding calmly and with specialized support and reviewing the official USCIS guidance. Be cautious of anyone who promises to reverse the case with guarantees.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.