“Yêu cầu cung cấp bằng chứng” (RFE) và “Thông báo ý định từ chối” (NOID) trong bối cảnh EB-5

For petitions requiring supplemental documentation or evidence, USCIS may issue notices to investors and their attorneys to request this data. These notices are called Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs).

These requests, while serious, are common procedures,  typically used to solicit further information about an investor’s source of funds or whether the project  meets EB-5 standards. USCIS regularly uses RFEs and NOIDs to provide investors with a chance to explain any information gaps, contrasting evidence, or flagged evidence found in their immigration petitions. 

The regular use of RFEs and NOIDs is why meticulous organization of your source of funds documents, EB-5 petition, and all other affairs is exceptionally important. These notices could be issued many years after your original filing, meaning many of your financial documents will need to corroborate with all other evidence submitted to USCIS.

Failure to adequately prove an investor’s eligibility for the EB-5 program can lead to an investor’s petition being thrown out. This includes when an investor’s attorney does not respond within the response deadline.  and even prohibit them from traveling to the U.S. on a non-immigrant visa in the future. RFEs and NOIDs are most often issued at the I-526/I-526E petition stage, where copious amounts of paperwork from Regional Centers, foreign governments, and other agencies are required by USCIS and meticulously compared to paperwork filed by the regional center themselves, for example. When inconsistencies between these documents arise at the I-526/I-526E stage, USCIS will issue one of these notices.

Request for Evidence (RFE)

When an EB-5 petition lacks important details or brings questionable information to light, USCIS may issue an RFE for clarification. Sometimes the agency may ask for specific documents or may provide a list of evidence which may suit their needs. After the RFE is issued, the petitioner has no more than ninety days to respond to the request with proper documentation. If the new evidence is sufficient to prove eligibility for the EB-5 program, the petitioner’s immigration process resumes. If evidence is not sufficient or demonstrates non eligibility, USCIS may issue a NOID or a denial.

An RFE is a common method of ensuring compliance with the U.S.’s immigration and investment laws, and ensuring the adjudicator is able to access all information which may be lost in a sea of petition paperwork. 

Given that the EB-5 application process is very redundant and documentation is extensive, there are thousands of document pages that need to be reviewed and compared individually by USCIS officers for accuracy. Oftentimes, USCIS will issue RFEs pertaining to an investor’s regional center (RC) project for conflicting information presented in documentation filed between the RC and the investor. These requests can be forwarded to the RC’s legal counsel for the most relevant answers pertaining to the RC or any of its sponsored projects. 

Notice of Intent to Deny (NOID)

If an investor provides evidence of their ineligibility for a EB-5 visa or which suggests the petition contains serious inaccuracies, USCIS may issue a NOID. The primary difference between a RFE and a NOID is the outcome of unsatisfactory evidence: a denial.If a NOID is filed against an investor, USCIS by definition, intends to deny their case unless the investor can show there is objective evidence that proves eligibility. Responding to the NOID within the thirty-day response window is likely the applicant’s last opportunity to contest any mistake of fact on their petition. . NOIDs must include USCIS’s reasons for the intended denial and will ask the petitioner for specific supplementary evidence to explain any defamatory information presented in their initial petition.

Regardless of whether an applicant receives an RFE or a NOID, or where in the immigration process they are, failure to respond to a RFE/NOID request within the response period compromises the investor’s immigration process.  If this happens, investors may need to restart their immigration process or may be disqualified from applying for another non-immigrant visa in the future.