Notice of Intent to Deny


A Notice of Intent to Deny is a notice issued by the United States Citizenship and Immigration Services to petitioners for residency, citizenship, family visas, and employment visas. Examples of petitions for which a NOID may be issued are Form I-129, Form I-140, and Form I-130.

Situations where it is used

The NOID is used for situations where the adjudicator believes that the petition should be denied, but that the petitioner may have additional evidence that might lead the petition to be approved. Its main use is to save the petitioner and the USCIS time and effort involved in dealing with denials.

Response protocol

The NOID is sent to, and the response must be sent by, the petitioner rather than the beneficiary.
The NOID is accompanied by stated reasons for issuing the NOID and a time within which the petitioner must respond. If the petitioner submits no response, the petition is denied. If the petitioner responds, the additional evidence is considered prior to a final decision.

Related communications

Differences with RFE

The following are some key differences between the Request For Evidence and NOID:
Another communication similar to NOID is the Notice of Intent to Revoke, used in cases where the USCIS has received additional evidence after approving a petition and is reconsidering it for revocation. This is often prompted by a consular officer returning the petition to the USCIS. Consular officers return petitions to the USCIS if, in the course of deciding a visa application by the beneficiary based on the petition, they come across reason to believe that the petition was based on fraud or misrepresentation.