EB-5 RFEs, NOIDs & Denial Responses

What It Is

An RFE is a request from USCIS for additional evidence to support a pending petition. A NOID is a more serious notice indicating USCIS intends to deny the petition unless the applicant provides compelling counter-evidence. Both require detailed, deadline-sensitive responses.

Why It Matters for Investors

RFEs and NOIDs are increasingly common in EB-5 cases, particularly around source of funds, job creation methodology, and TEA qualification. A well-crafted response can rescue a petition that might otherwise be denied. Conversely, a weak response can seal a denial.

Common Pitfalls

• Missing the response deadline — extensions are rarely granted
• Providing a generic response that does not specifically address each issue raised
• Submitting additional documents without a clear explanatory narrative
• Not engaging an attorney with EB-5-specific RFE experience
• Failing to identify the root cause of the RFE before responding

Questions to Ask Counsel

• How many EB-5 RFE and NOID responses have you prepared?
• What is your success rate in overcoming RFEs and NOIDs?
• How quickly can you turn around a response after receiving the notice?
• Do you review the original petition to identify weaknesses before crafting the response?
• What is your approach when the RFE raises issues not addressed in the original filing?