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.