Immigration Update: New USCIS Policy on RFE and NOID

In this article, we have an update to share with you about the United States Citizenship and Immigration Services’ (USCIS’) new policy on RFEs and NOIDs. We’ll explain what RFEs and NOIDs are, discuss the changes, and highlight what this new policy means for applicants.

We are Ashoori Law, led by U.S. immigration lawyer Michael Ashoori. At our law firm, we work with clients from all over the world, and we regularly post articles and videos to make sure that you are up to date with the latest immigration news. If you have any questions, then we invite you to contact us at Ashoori Law. Feel free to call, text, or WhatsApp message us at +1-818-741-1117 or you may request a free consultation by clicking this link. 

What Are RFEs and NOIDs?

When someone applies for benefits through USCIS, the agency can respond in a few different ways. This is true no matter what you are applying for, whether it’s for your green card, a change of status, naturalization, etc., USCIS can respond in multiple ways to your application, including:

• USCIS approves your case

• USCIS might reject or deny your application - This may happen if your application wasn’t filed properly, because it contained an error, because of an error by the decision-maker, or for another reason, which your immigration attorney can help you determine

• USCIS has additional questions - If there are outstanding questions, the agency may send you a Request for Additional Evidence (RFE)

• USCIS intends to deny your application - In the case that USCIS intends to deny your application, they may send you a Notice of Intent to Deny (NOID). This means that they are on the verge of denying the case unless the applicant or petitioner can provide additional evidence showing that the applicant is eligible and qualifies for the requested benefit

The Update - RFEs and NOIDs

In 2013, USCIS had a policy that stated when someone applied for benefits, they could not deny the case without sending an RFE first, unless there was no possibility that the petitioner could get their case approved with additional evidence. In 2018, that policy ended, which meant the USCIS could deny a case without an RFE or NOID, even if the applicant might be approved with additional evidence.

On June 9, 2021, USCIS announced that they will be going back to the 2013 policy, mandating that USCIS officers must issue an RFE before denying a case if there is a possibility that additional evidence could help the application get approved.

What Does This Mean for Applicants?

In 2018, when the policy ended of first issuing an RFE before a denial, it resulted in a lot of additional expenses and processing times. These expenses were felt by both the agency and the applicants whose cases were denied and they were never given the opportunity to put forth additional evidence. 

The 2021 announcement to go back to issuing RFEs before a denial is great news for applicants. Once an RFE is issued, it gives the applicant a chance to submit additional evidence that may clear up any doubts, concerns, or uncertainties that may have blocked initial approval. This is an effort by USCIS to judge applications for immigration benefits more fairly and efficiently, which cuts down on logistical difficulties and extended timelines that come with having to file motions to reopen cases or refile cases.