What is the difference between an RFE and a NOID?

In EB-2 NIW cases, an RFE (Request for Evidence) and a NOID (Notice of Intent to Deny) are communications from USCIS that serve very different purposes within the review process. Understanding that difference helps you respond correctly to each one.

An RFE is a request for additional evidence to clarify or strengthen the case. It does not mean denial: USCIS has not yet made a decision and is giving you the opportunity to supplement the petition with what was missing.

A NOID is more serious. It signals that USCIS intends to deny the case because it sees unresolved issues, but it still opens a window for you to respond and try to reverse that intent before the final decision.

In both situations, the essentials are the same: respect the deadline stated in the notice, respond point by point with solid documentation, and avoid any promises of a guaranteed outcome. Because every case is unique, it is worth confirming the latest guidance on the USCIS website and evaluating your situation with a specialist.

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.