What is the difference between RFE and NOID?

In EB-5 and U.S. immigration in general, an RFE (Request for Evidence) and a NOID (Notice of Intent to Deny) are notifications that USCIS issues during case review. Both require a response, but they signal very different stages of the process.

An RFE, or request for additional evidence, appears when a case has approval potential but the adjudicator needs additional documents or clarifications. It is a sign that the review is still ongoing and that, with the right documentation, the petition may move toward a favorable decision.

A NOID, or notice of intent to deny, is more serious. It signals that the officer has already identified significant issues and is leaning toward denying the petition, unless the response presents arguments and evidence capable of reversing that position. It is a critical stage.

In both cases, respond within the deadline indicated in the notification itself and organize your documentation carefully. If you are unsure how to respond, review the official USCIS guidance and seek support from an immigration 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.