Avoid RFEs & NOIDs: Essential Strategies for a Successful Petition
Learn how to prevent and effectively respond to a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) to improve your immigration petition’s success.
The Ultimate
RFE Guide
After a Petition has been filed and adjudicated with USCIS there can be a number or different outcomes [link to the other new page sent to you]. These outcomes include a Request for Evidence (“RFE”) and a Notice of Intent to Deny (“NOID”). While it is not possible for USCIS to make mistakes, with proper case preparation most RFEs and NOIDs can be avoided.
On this Page:
What is an RFE?
An RFE is a request from USCIS for additional information.
USCIS will notify you of an RFE by sending a Notice of Action using Form I-797E.
What an RFE is Not! An RFE is not an NOID. Most RFEs end in a case being approved. An RFE is simply an opportunity to answer questions that USCIS have on your case.aaaaaa
What is an NOID?
An NOID is a Notice of Intent to deny.
An NOID notifies you of issues that USCIS have with your application and gives you a chance to respond to them.
How can I Prevent an RFE or NOID?
There are several ways to prevent a Request for Evidence (RFE) from USCIS.
Some of these steps are case specific and others are in-common to all filings:
- Organize your application: Help USCIS easily navigate your case and find the necessary documents.
- Provide all necessary documents: Please see below for case specific guidance, below.
- Truthful and Accurate: Ensure your Petition is accurate and truthful.
- English Translations: Any documents submitted will require English translations.
- Resolve inconsistencies: USCIS will RFE any inconsistencies in your application. Any inconsistency should be explained when the case is filed.
- Eliminate Possible Questions with Evidence: Submit all possible documentation that supports the assertions in your Petition.
- Experienced Immigration Attorney: An experienced immigration attorney can provide feedback on your application.
How can I Prevent an RFE in an L1 Visa Petition?
L1 visa Petitions can be susceptible to high rates of RFEs. Most of these RFEs are preventable.
Steps in Preventing an L1 visa RFE include:
- Inter-Company Relationships. Properly evidence that the US and non-US entities are under common ownership and control and are a: (1) branch; (2) subsidiary or (3) affiliate of each other. Include:
- A statement of ownership from the Corporate Secretary.
- If you do not have a Corporate Secretary appoint one.
- Proof of initial investment to form a new business.
- VIBE Registration. Ensure that the US business is registered in VIBE.
- Corporate Good Standing. Include a long-form opinion of Good Standing issued by a corporate lawyer.
- Description of Day-to-Day Duties. Include a detailed description of the applicant’s day-to-day duties and activities.
- Business Plan. In the case of a new office business a business plan is critical.
- For L1A visas, evidence that the business will require staff after one (1) year.
- Include all Required Documents. Read our list of documents required for L1 Visa Cases.
- Resumes and job descriptions of subordinate employees.
Avoiding an RFE for L-1A Managers and Executives
USCIS often issues RFEs pertaining to L1A managers and executives.
Documenting the managerial nature of the transferee’s position is extremely important.
Ways to help prevent these RFEs include providing:
- an organizational diagram to document the reporting relationship between the L1A applicant and their subordinates.
- evidence that the applicant’s subordinates are professionals or supervisory employees.
- a letter from human resources discussing the role in the US and when the employee will need to return to the foreign entity.
- a Board Resolution authorizing the foreign transfer (for smaller businesses).
- Evidence that the manager is involved in decision making at a high level
- Evidence that a functional manager manages an essential business function.
Avoiding an RFE for L-1B Specialized Knowledge Employees
L1-B specialist worker visas are for positions requiring advanced or specialized knowledge.
Advanced or specialized knowledge could involve knowledge of the firm’s business or complex product or specialized skills or knowledge that are difficult to obtain. Include:
- Evidence of training and certifications.
- Letters from employers evidencing the beneficiary’s unique skills and knowledge.
- Evidence that the employee possess knowledge of a product or process that cannot be easily transferred or taught to another individual without significant economic cost or inconvenience.
- Records of key projects and assignments that have significantly enhanced the employer’s productivity, competitiveness, image, or financial position.
- Evidence that the employee was involved in the development of specialized products or services
- Proof the employee possess knowledge of foreign operating conditions that is of significant value to the petitioning organization’s U.S. operations.
Evidence that the employee possess knowledge that is particularly beneficial to the petitioning business’s competitiveness in the marketplace
How can I Prevent an RFE in an EB5 Investor Visa Case?
There are three principal sources of evidence in EB5 cases:
- RFEs related to Source of Funds
- RFEs related to Pathway of Funds
- RFEs related to the EB5 Investment Project.
With over twenty years of successful EB5 experience the EB5 lawyers at Davies & Associates are well positioned to assist. Our goal is to avoid RFE completely.
Preventing RFEs Related to Source of Funds (“SOF”)
RFEs related to SOF are extremely common in EB5 cases but can be avoided.
Clients are always astonished by the amount of detail required for evidencing the source of funds. We advise clients to think of every dollar invested in EB5 as a note with a serial number.
A properly prepared EB5 SOF statement will trace that note through every investment and account back to the point in time when the note was earned.
Strong EB5 Source of Funds Documentation which prevent an RFE includes:
- A bank statement showing the initial receipt of the funds when they came into the possession of the investor.
- Evidence that gifts were lawfully earned by the giftee.
- Evidence that the funds to purchase any collateral used for a loan were lawfully earned.
- Proof of source of funds for any real property used for EB5 purposes
- Documentation evidencing that the funds were lawfully earned. Examples may include salary advice, inheritance documentation and business records.
- Remittance advice for all funds sent via wire or electronic transfer.
- A bank statement showing the debit of the funds being remitted for EB5 purposes.
Preventing RFEs Related to Pathway of Funds
USCIS has been increasingly focused on the lawful remittance of funds to the United States. These issues are most significant when funds are coming from countries with currency transfer restrictions. These countries include China, India, Vietnam, Morocco and others.
- Obtain an opinion letter from a respected foreign law firm. The letter should state that all funds have been earned and remitted in compliance with applicable laws.
- Avoid paying cash to parties in one country and receiving them in another. The exception would be an entity with a state issued license to act as a currency transfer agent.
How can I prevent an RFE in an E2 Visa Application?
- Source of Funds. Properly document how your funds used for the US investment were acquired.
- VIBE Registration. Ensure that the US business is registered in VIBE.
Preventing an RFE in a Marriage-Based Petition
- Proof of lawful entry into the U.S.
- Evidence that you meet all visa requirements
- Documentation proving a bona fide marriage if filed through a spouse
- Proof that you or your sponsor earn enough income
D&A in Singapore and Southeast Asia
Davies & Associates is a recognized firm of immigration and business lawyers specializing assisting business, entrepreneurs and investors.
Our Singapore team typically takes the lead for being primarily responsible for clients in Asia. Once a client enters the UK that responsibility transitions to our UK team.
Our team in Singapore supports our offices across the Southeast Asia Region. In turn we can call on our lawyers in the UK, Italy and the United States for support and expertise.
While we are primarily known for our exceptional results, service and professionalism our goal is to offer our clients the very best service available.