EB5INVESTORS.COM
19
B est P ractices for R esponding S uccessfully
to RFE s & NOID s
It’s essential to gather the right team of professionals to handle USCIS’ requests,
provide the required evidence and respond by the deadline.
By Samuel B. Silverman & Vishal K. Chhabria
R
esponding properly to a Request for Evidence
(RFE) or a Notice of Intent to Deny (NOID)
i s essent ia l to t he success of a pet it ion.
When USCIS issues one of these, the recipient must
offer a satisfactor y response or risk the petition
being denied. But what constitutes a satisfactory
response? And what are the processes and practices
that result in a successful outcome? COORDINATE A RESPONSE TEAM
Each RFE and NOID is unique, and each response
requires a custom-tailored approach. By following
RFE and NOID best practices, petitioners will be much
more likely to receive positive adjudications on their
petitions. The RFE and NOID response process should
involve coordinating a response team, assembling
the required evidence that responds to the specific
issues outlined in the RFE or NOID and then filing the
response by the deadline. If a petitioner opts to respond to an RFE or NOID
on his or her own, assembling a team of qualified
individuals to handle different parts of the process
is vital to success. Documents like the business plan
and economic report may need updated financial
information and may need to be compiled. Budgets
may need to be updated, schedules clarified and third-
party verification obtained. Additionally, the process
will require a professionally drafted cover letter and a
Consulting an experienced and knowledgeable EB-5
expert — whether a consultancy firm or a qualified
attorney — is key in preparing an effective response
to an RFE or NOID. An expert who can handle the
entire process in-house is best. For investor-specific
RFEs or NOIDs, the investor’s immigration attorney
will also need to be part of the response process.