What is the difference between an RFE and a NOID?

The difference lies in severity and timing. Both the RFE (Request for Evidence) and the NOID (Notice of Intent to Deny) are communications from the USCIS issued during the review of a petition, common in H-1B cases, but they signal very different situations.

An RFE is a request for additional documents or clarification: the case remains open and USCIS wants to supplement the record before making a decision. A well-prepared response to an RFE typically keeps the path to approval open.

A NOID is more serious: USCIS is signaling its intent to deny the petition based on the evidence reviewed so far, while giving the applicant the opportunity to submit arguments and supporting evidence to reverse that determination before the final decision.

In both cases, the response has its own deadline and content requirements, so it is important to review the USCIS guidance and work with a qualified professional to prepare the strongest possible response.

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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.