Bringing
new York CitY green transportation, eB-5 projeCt
RFE AND NOID
TRENDS IN THE
EB-5 WORLD
By Ellen Choe and Robert Lee
A
May 2013 memo from USCIS provided the most significant guidance to date, but the specific interpreta-
tions continue to be tweaked. Due to the fact that USCIS
does not provide a specific playbook with the latest updates, or any other way to obtain insight into its adjudications mindset, it’s important to be knowledgeable
of the historical as well as the most current trends as it
relates to understanding RFEs and NOIDs.
The changes in standards are for the benefit of investors, regional centers, industry professionals, and the
industry as a whole. Certainly, USCIS and other government agencies are working to make EB-5 more
the innovation and a new standard to
the transportation industrY
The EB-5 industry continues
safe and secure. However, navigating through this
to evolve, but there is little
period of adjustment has been difficult. Examples
guidance by U.S. Citizenship and
of RFEs will be discussed in this article to help
Immigration Services officials
readers understand what goes into the filing pro-
when it comes to RFEs (Request
cess and the evaluation of projects.
for Evidence) and NOIDs (Notice
of Intent to Deny).
Understanding the RFE and
NOID Process
What is an RFE or a NOID? When an EB-5 application lacks sufficient evidence or contains
questionable details, the USCIS adjudicator
typically issues an RFE to give the applicant
an opportunity to clarify or provide additional
evidence for approval. The applicant then has
a standard response time of about 90 days
for an RFE. If after a response to the RFE is
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submitted, and the adjudicator is still not
satisfied, a NOID is issued. The applicant
typically has 33 days or less to respond to
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a NOID. Though rare, there are incidents
where an applicant received a NOID as
the first response.
Please keep in mind that simply because a project or investor receives an
RFE does not mean that the petition
was filed incorrectly or that the project
is flawed. Sometimes, it’s used as a
strategy to determine how USCIS will
adjudicate. Regional centers with new
or sophisticated deal structures may
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EB5 INVESTORS MAGAZINE
anticipate and use RFEs as a way to
learn how to respond and explain
their project. As the EB-5 industry
WWW.EB5INVESTORS.COM
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