What should I do if the response to the RFE or NOID is unfavorable?

In an EB-2 NIW case, receiving an unfavorable decision after responding to an RFE or NOID is a difficult moment, but it is not necessarily the end of the road. The first step is to stay calm and understand exactly why the USCIS reached that decision.

Read the decision carefully and identify the specific reasons stated. That analysis is the starting point for evaluating your options, because each ground points to a different course of action, and addressing the wrong issue only wastes time.

Depending on the case and the applicable rules, alternatives may exist, such as appeals or a motion to reopen or reconsider, always within the official deadlines and procedures. In other situations, it may make more sense to strengthen the documentation and reorganize the arguments before taking a new step.

Because every situation has its own particularities and involves deadlines that must be respected, the best approach is to confirm the updated guidance at USCIS and evaluate the best strategy with a reputable professional, without being swayed by promises of guaranteed outcomes.

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.