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NOID vs. NOIR: What Is the Difference?

USCIS Adverse Notices

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.

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NOID vs. NOIR

The easiest distinction is whether USCIS already approved the benefit.

NOID Pending case
Action Proposed denial
NOIR Existing approval
Action Proposed revocation
Response Rebut every stated ground
This site uses “NOIR” to mean Notice of Intent to Revoke. USCIS also uses the acronym NOIR in some rescission contexts, which involve a different legal framework.
The Basic Difference

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.

Side-by-Side

The notices occur at different stages of the USCIS process.

The governing benefit-specific rules still have to be checked in every case.

Notice of Intent to Deny

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.

Notice of Intent to Revoke

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.

NOID vs. NOIR at a Glance

The principal procedural differences.

IssueNOIDNOIR
Case StatusBenefit request remains pending.USCIS previously approved the benefit or petition.
Proposed ActionDenial.Revocation of an approval.
General Response Maximum30 days.Generally 30 days under current USCIS policy, subject to category-specific rules.
When MailedCurrent policy generally adds 3 days.Current policy generally provides up to 33 days after mailing where the full 30-day period applies.
Core QuestionHas eligibility for approval been established?Has USCIS established grounds warranting revocation of the prior approval?
Governing RulesGeneral evidence rules plus benefit-specific law.Benefit-specific revocation rules; immigrant petitions may fall under 8 CFR §205.2.
The NOID

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.

The NOIR

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.

Why USCIS May Issue a NOIR

The alleged problem can arise after approval or from later review of the original record.

Eligibility

Original Eligibility Questioned

USCIS may conclude that information discovered after approval calls into question whether eligibility actually existed when approval was granted.

Employer Information

Business or Employment Facts Changed

Depending on the classification, USCIS may evaluate whether facts underlying an approved employment petition continue to support the approval.

Site Visit

Post-Approval Verification

A site visit or other verification process may reveal facts USCIS believes are inconsistent with the approved petition.

Fraud Investigation

Adverse Information Developed

USCIS may develop information through an investigation and determine that the approval should be reviewed for possible revocation.

Consular Return

Petition Returned to USCIS

A consular officer may return an approved petition to USCIS for further review rather than independently revoking the USCIS approval.

Category Rules

Benefit-Specific Revocation Ground

Some petition classifications contain specific regulatory grounds and procedures for revocation that must be analyzed separately.

Response Strategy

Both notices require a point-by-point response, but the legal posture differs.

01
Identify every USCIS ground Separate each factual allegation, evidentiary conclusion and legal theory in the notice.
02
Identify the governing authority For a NOID, determine the requirements for approval. For a NOIR, identify the specific revocation regulation and burden applicable to the approved classification.
03
Audit the administrative record Compare USCIS's factual statements with the original filing, prior responses, interview records, site-visit information and other relevant evidence.
04
Correct inaccurate premises Use reliable records to address factual mistakes, incomplete chronology, misquoted evidence or unsupported assumptions.
05
Address every independent ground One unanswered ground may remain sufficient for denial or revocation even if the response succeeds on other issues.
06
State the correct requested outcome A NOID response asks USCIS not to deny and to approve where eligibility is established. A NOIR response asks USCIS to preserve or reaffirm the existing approval.
What Happens After the Response?

The next adverse decision also differs.

After a NOID

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.

After a NOIR

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.

NOID vs. NOIR Questions

NOID vs. NOIR FAQs

What is the biggest difference between a NOID and a NOIR?
A NOID concerns a pending benefit request that USCIS proposes to deny. A NOIR concerns an approval USCIS already granted and now proposes to revoke.
Is a NOIR the same as a denial?
No. A Notice of Intent to Revoke proposes revocation and provides an opportunity to respond before USCIS decides whether the approval should actually be revoked.
Does every NOIR use 8 CFR §205.2?
No. Section 205.2 governs revocation on notice of petitions approved under INA §204. Other petition classifications may have their own revocation provisions.
How long do I have to respond to a NOID?
The general NOID maximum is 30 days. Current USCIS policy generally adds three days when the notice is served by mail. Follow the actual notice.
How long do I have to respond to a NOIR?
Current USCIS policy generally provides a maximum 30-day response period for a Notice of Intent to Revoke, with three additional days where the notice is mailed. Benefit-specific rules and the actual notice must still be checked.
What happens if USCIS revokes the petition after the NOIR response?
Review rights depend on the petition and governing revocation rule. For revocation on notice under 8 CFR §205.2, the regulation provides a 15-day appeal period after service of the revocation decision.