What should I do if I receive a Notice of Intent to Deny (NOID)?

Receiving a Notice of Intent to Deny (NOID) can be alarming, but it is not a denial. It is a notice from the USCIS indicating that, based on the record as it stands, your EB-2 NIW petition is likely to be denied, while at the same time giving you an opportunity to respond before the final decision is made.

The first step is to read the notice very carefully. A NOID typically details exactly which points raised concern and what kind of evidence the officer expects to see. Understanding those objections is what will guide your entire response.

From there, build a focused and organized response:

• Address every point raised, without leaving any out.
• Gather documents and arguments that specifically target those concerns.
• Present everything clearly, connecting each piece of evidence to the objection it addresses.
• Submit within the deadline stated in the notice itself, which in practice cannot be extended.

Missing the deadline or submitting an incomplete response typically leads to a denial. Because this is a critical moment, it is worth following the instructions in the NOID itself and, whenever possible, preparing your response with a specialist. Be cautious of anyone who promises to reverse the case with a guarantee.

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.