USCIS Policy Update: RFEs and NOIDs

On September 11, 2018, U.S. Citizenship and Immigration Services (USCIS) enacted Policy Memorandum 602-0163, which addresses how adjudicators handle applications, petitions, and requests. The new policy gives adjudicators more discretion in when to issue a Request for Evidence (RFE) and/or a Notice of Intent to Deny (NOID).

• A Request for Evidence (RFE) is a letter issued by USCIS requesting more evidence for a case. The documents that are requested will be listed on the RFE and must be submitted to USCIS by the deadline written on the letter.
• A Notice of Intent to Deny (NOID) is a letter issued by USCIS stating an intent to deny the request, unless the petitioner can provide additional evidence that might lead to the request being approved. The letter states the reason(s) the case will be denied, and provides a deadline for the petitioner to provide additional evidence.

Advice from ISSS:

• The ISSS office reminds students that any request submitted to USCIS should be accurate and complete. Missing documents can be a cause for denial, so it’s important to ensure that all requested information is provided with any submitted request.
• If you are sending an OPT or Reinstatement application to USCIS, the ISSS office recommends having your packet reviewed by an ISSS advisor before submitting it.

• If you receive an RFE or NOID, please make an appointment with an advisor to determine how to best respond to the letter. Because these requests are time-sensitive, this should be done as soon as possible.

For any questions regarding this policy update, please contact the ISSS office at 801-581-8876 or international@utah.edu.