EB2-NIW  FILING ASSISTANCE

WHAT IS RFE
The USCIS Request for Evidence (RFE) is a notice issued by the United States Citizenship and Immigration Services (USCIS) to an applicant or petitioner when additional evidence or information is required to decide on their immigration application or petition.

When reviewing an application or petition, if the USCIS adjudicator determines that the initial submission does not provide sufficient evidence or clarification to establish eligibility or meet the requirements, they may issue a Request for Evidence (RFE). The RFE outlines the specific information or documentation required to evaluate the case further.

The RFE typically provides a deadline by which the requested evidence must be submitted. Suppose the applicant or petitioner fails to respond to the Request for Evidence (RFE) within the specified timeframe or does not provide the requested evidence. In that case, it may result in the denial of the application or petition.

It is essential to carefully review the Request for Evidence (RFE), understand the requirements, and provide a thorough response with the requested evidence to increase the chances of a favorable decision. If you encounter any uncertainties or difficulties in responding to the Request for Evidence (RFE), it is advisable to consult an immigration attorney or a qualified professional for guidance.

An RFE is a notification from USCIS that the adjudicating official does not consider the information provided to be sufficient to decide on the application.

An RFE allows you to cure or clarify any issues by presenting additional evidence.

It is not a refusal of the petition. Still, it gives a clear outline of further evidence required to convince the adjudicator that all eligibility criteria are satisfied in your application for the EB2-NIW Green Card category.

The adjudicator outlines the evidence required to demonstrate that you are eligible under the EB2 criteria as a professional holding an advanced degree or exceptional ability. Or further evidence to prove you are eligible for the NIW (National Interest Waiver) using the 3-prongs in the Dhanasar framework:

1.  The proposed endeavor has both substantial merit and national importance. 
2.  You are well-positioned to advance the proposed endeavor.
3. On balance, it would be beneficial to the United States to waive the requirements of a  job offer, and thus the labor certification.

Under current guidance, adjudicators have wide discretionary powers to deny an application without first having to issue an RFE or even a NOID. As such, it’s important to take full advantage of the opportunity to provide the requested information within the deadline.

Avoiding an I 140 denial
The RFE will identify the specific issues to be addressed in your case. Ensure you work closely with these, providing relevant and comprehensive evidence to resolve the concerns raised and potential objections to approving the petition.

Common areas for further information include inconsistencies in the information provided. Your Cover/Petition Letter I 140 will be cross-checked. Any inconsistencies will be scrutinized after all you are claiming to be a professional with an advanced degree/exceptional ability that belongs to the top tier in your field of endeavor and the adjudicator seek clarification. If the adjudicator spots an error on the cover /petition letter/ ETA 750B when filing the I 140, this could impact your petition.

The adjudicating officer will be looking to verify that the petitioner qualifies for the requested classification and that it qualifies you under the visa requirements. The burden is on the petitioner to show evidence of the eligibility of the role and the worker in meeting the EB2 requirements.

For example, issues arise if the applicant’s education and qualifications are not evidenced sufficiently to show the required standard has been achieved. To be eligible under the EB-2 route, the position must require a Master’s degree, or the foreign equivalent, or a Bachelor’s degree, or the foreign equivalent, plus five years of progressive experience as a minimum for entry into the profession. The detail in both the ETA 9089 and I -140 must comply with this. Qualification or experience anywhere below this will not be sufficient. The evidence must support that the worker attained this standard as of the date of filing the labor certification.

Take nothing for granted and make no assumptions about the adjudicator’s knowledge or understanding of the role or your qualifications. Take to ensure you are providing sufficient evidence that the role and worker comply with the rules.

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What is a Notice of Intent to Deny (NOID)?

A Notice of Intent to Deny (NOID) is a formal notification issued by U.S. Citizenship and Immigration Services (USCIS) indicating that your immigration petition—though initially receipted or accepted—is now at risk of being denied. Unlike a denial, a NOID gives the petitioner a final opportunity to respond and resolve concerns before a denial is finalized.

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NOID in the EB2-NIW Context

In EB2-NIW (Employment-Based Second Preference – National Interest Waiver) cases, receiving a NOID often means that USCIS has determined your petition did not meet one or more of the three Dhanasar criteria:

1. The proposed endeavor has substantial merit and national importance

2. You are well positioned to advance the endeavor

3. On balance, waiving the labor certification would benefit the United States

Additionally, EB2-NIW NOIDs may cite technical and procedural deficiencies, such as:

• Form I-140. ETA 9089  deficiencies, including inconsistent information or missing evidence of eligibility

• Ambiguity in E21 classification, where the officer cannot determine whether you qualify under the Advanced Degree or Exceptional Ability pathway

• Failure to provide credible or specific evidence linking your experience and qualifications to the proposed endeavor

• Inadequate support for the favorable exercise of discretion required under Dhanasar

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Common Reasons for NOIDs

Your NOID may be triggered by:

• Insufficient documentation supporting one or more Dhanasar prongs

• Form errors, such as leaving Part 2 of Form I-140 (Petition Type) blank or contradictory to supporting evidence

• Unclear E21 eligibility, where USCIS is unable to verify if you are applying as an Advanced Degree professional or under Exceptional Ability

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Responding to a NOID: Timelines & Process

A NOID is always time-sensitive:

•  USCIS typically allows 30 to 90 days to respond

• The deadline to respond is strict and final—late submissions will result in automatic denial

• The clock starts from the date listed on the NOID letter, not the date of receipt

Your response must be complete, well-organized, and directly address every issue raised in the NOID.

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How to Effectively Respond to a NOID

Responding to a NOID requires a strategic, evidence-driven approach. Your response should include:

1. Form Corrections and Clarifications

If your petition was flagged due to incomplete or ambiguous responses on Form I-140, include:

• Corrected or updated versions of the form

• A written clarification that explains how the original intent aligns with your supporting documentation

• Affirmation of whether your petition falls under Advanced Degree or Exceptional Ability, with supporting evidence

2. Targeted Rebuttal

Address each NOID point individually. Do not submit a generic or recycled petition summary. Instead:

• Provide specific documentation for each allegation

• Reference supporting evidence with page numbers, dates, or exhibits

• Strengthen links between your qualifications and the endeavor

3. New or Enhanced Supporting Evidence

This may include:

• Updated letters of recommendation with direct commentary on national impact

• Third-party expert opinion letters

• Revised professional or business plans

• Credential evaluations, particularly if E21 ambiguity was cited

• Evidence of national demand, endorsements, or measurable outcomes

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Important: A NOID Is Not a Denial

While serious, a NOID is a pre-decisional notice. It gives you one last chance to salvage your petition before USCIS issues a formal denial.

Petitions that are well-defended after a NOID often succeed—especially when errors are clarified, classification is affirmed, and strong evidence is submitted.

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Need Help Responding to a NOID?

At NEWSTART CONSULTANCY LLC, we specialize in helping EB2-NIW clients respond to NOIDs with clarity, precision, and persuasive evidence.

Our NOID Response Service includes:

• NOID Letter Review and Legal Issue Mapping

•  Strategy Memo aligned with USCIS guidance and Dhanasar

• Drafted Response Letter

• Customized Evidence Checklist

• U.S.-based Mailing and Filing Support (Optional)

Don’t wait. If you’ve received a NOID, act quickly. Contact us today for expert assistance in preparing your response.

If you’ve received a Notice of Intent to Revoke (NOIR) from U.S. Citizenship and Immigration Services (USCIS), it is a serious and time-sensitive matter. A NOIR means that USCIS is considering revoking an already approved petition based on new evidence or developments. How you respond — and how quickly — can determine whether your immigration status or visa benefits remain valid.

When Are NOIRs Issued?

NOIRs are typically issued after USCIS or the Department of Homeland Security (DHS) conducts further review 

• Fraud or misrepresentation in the original petition

• Changes in eligibility, such as when after approval or adjustment of status, you did not continue with your proposed endeavor 

• Material errors or oversights by USCIS in the initial approval

Even a minor inconsistency or documentation gap can trigger a NOIR — so it’s critical to take each notice seriously.

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How to Respond to a NOIR

Receiving a NOIR can be overwhelming. However, with strategic action and professional support, you can protect your case. Here's what you need to do:

Step 1: Confirm the Accuracy of the Notice

• Make sure the NOIR pertains to the correct beneficiary and petition.

• Review the petition number, recipient name, and filing category.

Step 2: Check the Deadline

• You typically have 30 days to respond from the date on the notice.

• This short window requires immediate action — time is of the essence.

 Step 3: Understand the Grounds for Revocation

The NOIR must specify why USCIS believes revocation is appropriate. Grounds may include:

• INA Section 205 violations

• Allegations of fraud, misrepresentation, or derogatory information

• Claims of sponsor or beneficiary ineligibility

• Clerical or adjudicator errors in the original approval

Each allegation must be answered directly and supported by compelling evidence.

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What Should a NOIR Response Include?

To avoid revocation, your response must individually address each issue USCIS raises. A strong rebuttal should include:

• A point-by-point rebuttal to all allegations

• New or supplementary documentation and affidavits

• Legal arguments referencing immigration law and USCIS policy

• If applicable, visual proof (e.g., photos, contracts, pay records)

If factual errors exist in the NOIR, you may be advised to file an amended petition or — in some cases — submit a new petition entirely.

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What Happens After Submission?

There is no fixed processing time for NOIR responses. It can take several months to a year for USCIS to make a final decision. While waiting, the status of the petition remains "approved" but under review.

• If USCIS accepts your rebuttal, the petition is reinstated and sent to the U.S. consulate or embassy for final visa processing.

• If the response is rejected, the petition is formally revoked.

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What If the NOIR Is Denied?

If your response is not accepted:

• You typically have 15 calendar days to file an appeal or motion to reopen/reconsider.

• Revocation takes effect immediately: work authorization ends, and the beneficiary may fall out of status.

• Future visa applications must disclose the revocation, which can affect credibility and trigger heightened scrutiny.

Employers involved in NOIRs may also face increased audits or investigations of their other foreign workforce petitions.

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Need Help Responding to a NOIR?

Responding to a NOIR requires legal insight, immigration experience, and urgency. At NEWSTART CONSULTANCY LLC, we help clients respond to USCIS NOIRs with:

• Detailed case review and strategy memo

• Professionally drafted NOIR response letters

• Comprehensive document checklists

• Support with appeal filings, if necessary

 Don't delay. Contact us today for immediate assistance in responding to your Notice of Intent to Revoke.