What is the difference between a NOID and a NOIR?
A Notice of Intent to Deny concerns a benefit request USCIS has not approved and presently proposes to deny. A Notice of Intent to Revoke concerns an approval already granted that USCIS is considering taking away. The distinction changes the governing rules, evidence analysis, procedural posture and potential consequences.
Send Us Your USCIS NoticeThe easiest distinction is whether USCIS already approved the benefit.
A NOID threatens approval. A NOIR threatens an approval already granted.
A NOID is issued while USCIS is adjudicating a pending application or petition. The agency identifies the basis on which it presently proposes to deny and gives the applicant or petitioner an opportunity to respond.
A NOIR is a post-approval action. USCIS has already approved the petition or other benefit at issue and later identifies grounds that may support revocation.
The response therefore begins from different positions. In a NOID case, the requestor still must establish entitlement to approval. In a NOIR case, the response must defend an existing approval against the specific grounds USCIS alleges justify revocation.
The notices occur at different stages of the USCIS process.
The governing benefit-specific rules still have to be checked in every case.
The benefit has not been approved.
USCIS has reviewed a pending benefit request and presently believes denial is warranted.
The NOID identifies the bases for proposed denial and gives the applicant or petitioner an opportunity to overcome those findings before USCIS issues the final decision.
USCIS previously approved the benefit.
USCIS later identifies information or circumstances that it believes may justify revocation of the prior approval.
For revocation-on-notice of an immigrant petition under 8 CFR §205.2, the petitioner or self-petitioner must receive notice and an opportunity to offer evidence supporting the petition and opposing the alleged grounds for revocation.
The principal procedural differences.
| Issue | NOID | NOIR |
|---|---|---|
| Case Status | Benefit request remains pending. | USCIS previously approved the benefit or petition. |
| Proposed Action | Denial. | Revocation of an approval. |
| General Response Maximum | 30 days. | Generally 30 days under current USCIS policy, subject to category-specific rules. |
| When Mailed | Current policy generally adds 3 days. | Current policy generally provides up to 33 days after mailing where the full 30-day period applies. |
| Core Question | Has eligibility for approval been established? | Has USCIS established grounds warranting revocation of the prior approval? |
| Governing Rules | General evidence rules plus benefit-specific law. | Benefit-specific revocation rules; immigrant petitions may fall under 8 CFR §205.2. |
A NOID is part of adjudicating a pending benefit request.
USCIS has not yet issued the final denial.
Under the general evidence regulation, USCIS may issue a NOID when the required initial evidence has been submitted but the record does not establish eligibility.
The notice must identify the bases for the proposed denial sufficiently to give the applicant or petitioner adequate notice and enough information to respond.
The response should address every independent factual and legal ground, correct errors in USCIS's description of the record, rebut adverse information, and establish why the benefit should be approved.
A NOIR asks whether an existing approval should remain valid.
Revocation requires analysis of the specific authority governing the approval.
For immigrant petitions subject to revocation on notice under 8 CFR §205.2, USCIS may revoke approval on grounds other than automatic revocation grounds when the necessity for revocation comes to the agency's attention.
Before revoking under that provision, USCIS must notify the petitioner or self-petitioner and provide an opportunity to offer evidence in support of the petition and in opposition to the alleged grounds.
Other classifications, including certain nonimmigrant petitions, have their own revocation regulations. A NOIR response therefore should identify the exact classification and governing revocation authority rather than assuming one rule applies to every petition.
The alleged problem can arise after approval or from later review of the original record.
Original Eligibility Questioned
USCIS may conclude that information discovered after approval calls into question whether eligibility actually existed when approval was granted.
Business or Employment Facts Changed
Depending on the classification, USCIS may evaluate whether facts underlying an approved employment petition continue to support the approval.
Post-Approval Verification
A site visit or other verification process may reveal facts USCIS believes are inconsistent with the approved petition.
Adverse Information Developed
USCIS may develop information through an investigation and determine that the approval should be reviewed for possible revocation.
Petition Returned to USCIS
A consular officer may return an approved petition to USCIS for further review rather than independently revoking the USCIS approval.
Benefit-Specific Revocation Ground
Some petition classifications contain specific regulatory grounds and procedures for revocation that must be analyzed separately.
Both notices require a point-by-point response, but the legal posture differs.
The next adverse decision also differs.
Approval or Denial
After reviewing the timely response, USCIS may determine that the proposed grounds have been overcome and approve, or it may issue a final denial. Review rights after denial depend on the immigration benefit.
Reaffirmation or Revocation
USCIS may determine that the response overcomes the proposed grounds and leave the approval in place, or it may issue a final revocation decision under the applicable authority.