The H-1B registration period for FY 2026 officially ended on March 24, 2025, and selected candidates were notified on March 31, 2025. The H-1B petition filing began on April 1, 2025, and employers with selected beneficiaries have started submitting their petitions. If your petition lacks sufficient documentation or fails to establish legitimacy, USCIS may issue an RFE, NOID, or NOIR, depending upon the case’s severity.  

To maintain compliance with the immigration guidelines and avoid serious legal consequences, employers must understand how to manage and appropriately respond to them, as failure to do so may result in petition denial.  

This blog covers RFE, NOID, and NOIR in detail, guiding employers on effectively avoiding and managing them.

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What is a Request for Evidence?

A Request for Evidence (RFE) is a notice issued by USCIS when your H-1B petition lacks sufficient documentation or does not adequately establish the petition’s legitimacy. Employers must respond with the required evidence within the given deadline mentioned in the notice (usually 87 days).  

An RFE does not mean your petition is denied; rather, it provides you with an opportunity to submit necessary evidence and improve your chances of H-1B petition approval.

Common Reasons for an RFE

• Specialty occupation uncertainty: If USCIS fails to establish the job role as a specialty occupation or when the Standard Occupational Classification (SOC) code that is used to classify jobs based on duties and required qualifications is incorrect.

• Employer-employee relationship concerns: If the employer fails to demonstrate consistent supervision.  

• Wage level issues: If the compensation offered to the H-1B worker does not meet the DOL’s prevailing wage requirements.  

• Beneficiary’s qualifications: If the H-1B beneficiary’s qualification does not align with the job requirements.  

• Contract and work location proof: If client letters or project details are missing or unclear.  

How to deal with an RFE?

• Read the notice carefully: An RFE contains 4 parts: response deadline, evidence lacking, evidence submitted, and mailing address. Make sure to read and understand all parts of the notice to avoid errors.  

• Check the deadline: The usual deadline is 87 days, but it is important to check the official date mentioned in the notice and respond in a timely manner.

• Consult an immigration attorney: Consult an experienced immigration attorney who will help you prepare a detailed response to strengthen your petition.

• Collect required documents: Collect all important documents that you did not submit with your petition.  

• Prepare a detailed response: Address all USCIS concerns in detail with the help of your immigration attorney.  

• Submit before the deadline: Submit the response within the given deadline to avoid last-minute delays and confusion.

How to avoid an RFE?

• Choose the correct SOC code: Select the appropriate SOC code that demonstrates the job role as a specialty occupation.

• Provide strong employer-employee relationship evidence: Submit all required documents that will prove the employer’s control over the employee’s work such as an employment agreement, offer letter, and organizational chart.

• Ensure proper wage selection: Ensure the wage offered to the H-1B worker matches the DOL’s prevailing wage.

• Submit supporting documents: Include job descriptions, educational evaluations, and work location proof.

Note: Read this detailed article on RFE to get in-depth insights about managing and avoiding them.

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What is a Notice of Intent to Deny?

A Notice of Intent to Deny (NOID) indicates USCIS’s intent to deny your H-1B petition due to significant issues.  A NOID can be considered a more serious form of an RFE but does not confirm a denial. Employers must submit the required evidence within the deadline mentioned in the notice (usually 30 days)

Common Reasons for a NOID

• Lack of sufficient documentation: If USCIS finds the submitted evidence inadequate.

• Inconsistency in information: If USCIS finds discrepancies in employer, job role, or beneficiary details.  

• Concerns about fraud: If USCIS suspects fraudulent documents, job offers, or employer’s legitimacy issues.

• Failure to meet eligibility requirements: If the petition does not demonstrate that the position qualifies as a specialty occupation or that the beneficiary meets the required qualifications.  

• Situational changes: Sometimes, a NOID may be issued if there are changes in the H-1B beneficiary’s situation, such as job loss or other changes that make the petition ineligible.

How to deal with a NOID?

• Read the notice carefully: Understand why you were issued a NOID so you can prepare a detailed response and submit the required evidence on time.  

• Consult an immigration attorney: Consult an experienced immigration attorney to prepare a strong response with all the necessary evidence.  

• Gather evidence: Strengthen your case by addressing each point mentioned in the NOID with proper evidence.  

• Respond on time: The deadline for a NOID is usually 30 days, but to avoid any last-minute delays and confusion, make sure to respond as soon as possible.  

• Select a reliable delivery medium: Ensure your response is delivered on time using a secure and trackable method.  

How to Avoid a NOID: 5 Tips

• Submit a complete H-1B petition: Submit all required documentation and additional evidence. Even small errors can lead to serious consequences, so carefully check your petition to ensure everything is in order.  

• Provide proper evidence: Submit important documents such as financial records, proof of relationship (for family-based petitions), or employment verification (for work-related petitions).

• Stay consistent with the information: Double-check your petition to make sure all information is consistent in all the important documents.  

• Respond promptly to RFEs: USCIS may issue an RFE before issuing a NOID, so make sure to respond properly to the RFE and submit all the necessary documents to prevent it from escalating to a NOID.  

• Seek legal guidance: An expert immigration attorney can help you prepare an error-free petition, reducing the risks of RFEs and NOID.  

What is a Notice of Intent to Revoke

A Notice of Intent to Revoke (NOIR) is a formal notice issued by USCIS indicating intent to revoke a previously approved petition. Unlike a NOID, a NOIR is more serious because it means the USCIS is actively questioning the eligibility of your already approved petition.

Common Reasons for Receiving a NOIR

• Misinterpretation or fraud allegations: If USCIS suspects that false information was provided, such as fake job offers, incorrect educational qualifications, or fraudulent marriages.

• Change in employer circumstances: If an employer has changed operations or fails to comply with visa requirements.  

• Failure to maintain status: If the beneficiary violates visa terms, such as unauthorized work or failure to maintain employment status.

• Negative findings during audits: USCIS may issue a NOIR if serious discrepancies or compliance issues were found during a site visit or audit.  

How to deal with a NOIR?

• Carefully review the NOIR: Read the notice thoroughly and understand the reason behind your petition revocation so you can accordingly plan your next steps.  

• Consult an immigration attorney: Immediately seek legal help as they will help you get a better understanding of your current situation and assist you in preparing a detailed response.  

• Gather strong evidence: Receiving a NOIR means your case is being actively reviewed by USCIS, which means you must gather and submit compelling evidence.  

• Prepare a detailed response: With the help of your immigration attorney, prepare a proper in-depth response to every concern mentioned in the NOIR.  

• Submit your response on time: The response time for a NOIR is usually 30 days, so make sure to submit the evidence as soon as possible

Tips to Avoid a NOIR

• Ensure all information is correct: Make sure all your documents are accurate, and the information is consistent.

• Be prepared for audits: Be prepared for USCIS site visits or audits by ensuring all required records and information are accurate and up to date.  

• Respond to RFEs and NOIDs promptly: If you are issued any RFEs or NOIDs, deal with them properly and submit all necessary evidence.  

• Stay updated on immigration rules: USCIS regularly updates policies. Staying informed can help employers and beneficiaries remain compliant and avoid confusion.  

Summing Up

The H-1B FY 2026 lottery results were announced on March 31, 2025, and selected candidates have started submitting their H-1B petitions from April 1, 2025. USCIS may issue RFEs, NOIDs, and NOIRs if a petition lacks sufficient documentation or fails to prove its legitimacy. To avoid this, H-1B employers must take proactive steps and submit a proper petition with all the required documents.  

Managing RFEs, NOIDs, and NOIRs can be challenging, but OnBlick simplifies the process, strengthening your petition and improving approval chances.  

Simplify your H-1B filings with OnBlick. Book your complimentary consultation today.

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