Things to know about RFE and NOID notice in the EB-5 program

11 Apr, 2020 (GMT+7)

RFE (Request For Evidence) and NOID (Notice of Intent to Deny) are two important notices in the field of immigration, especially EB-5 Visa.

The increase in application processing time and the new regulations for the investment program have made it more difficult for investors to receive residence in the US. The ability to receive RFE or NOID will tend to increase in the near future. So, what are the notes about RFE and NOIDs for investors?

Things to know about RFE and NOID notice in the EB-5 program

When does EB-5 receive a RFE or NOID?

RFE or NOID may appear at any stage when USCIS reviews EB-5 applications from I-526 immigrant visa applications to I-131 (Re-Entry Permit).

The most important stage to receive the REF or NOID is the I-526 review stage because this is the first time the USCIS reviews the investor's profile.

What is the difference between RFE and NOID?

The difference is more serious when the investor receives NOID. This means the application is close to the rejected boundary and there is only one chance left. While the investor with RFE has more opportunities to prove.

What to do when receiving RFE or NOID?

RFE or NOID is a sign that the application is approaching final review steps before results are available. However, the addition of evidence and documents must be really accurate to let USCIS decide whether the application is approved or not.

REF or NOID response time is usually 90 days. If the investor fails to respond in a timely manner provided by the USCIS, the application will certainly be rejected.

What are the commonly cited RFE or NOID issues?

RFE / NOID addresses all application related issues and often falls into the following:

  • Business plan
  • Business model
  • Ability to create jobs of the project
  • Capital structure / loan structure
  • Add / explain Personal Information Applicant
  • Prove the source of investment money or supplement of proof of income

In short, investors need to be calm and give accurate information when the application receives RFE or NOID. Compliance with the response time as well as providing evidence will help the application be approved quickly.

GIS is an advisory unit on immigration issues. With 10 years of experience, GIS is always ready to advise and assist clients in dealing with simple procedures to complex issues like RFE or NOID requests from immigration.

Customers interested in immigration programs or citizenship programs, please contact GIS for comprehensive advice. GIS is committed to bring customers the most suitable settlement program for themselves and their families.

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