Introduction: Receiving a Notice of Intent to Deny (NOID) from U.S. Citizenship and Immigration Services (USCIS) in an H‑1B case can be alarming. A NOID indicates that USCIS intends to deny the H‑1B petition but is giving the petitioner a final opportunity to respond with additional evidence or explanations. This article explains what a NOID means in the H‑1B context, why USCIS issues them, common reasons behind NOIDs, and how to effectively respond. It also provides practical guidance for immigration professionals and foreign workers on strengthening a NOID response to avoid a denial, along with recent trends and examples in NOID issuance.
What Is a NOID and Why Does USCIS Issue It in H‑1B Cases?
A Notice of Intent to Deny (NOID) is a formal letter from USCIS stating that the agency has determined the petition is likely ineligible for approval – essentially a warning that a denial is forthcoming unless the petitioner can convincingly overcome specified issues. In H‑1B visa cases, USCIS issues a NOID when major eligibility criteria appear unmet or evidence is insufficient to prove the case. Unlike a Request for Evidence (RFE), which implies the case might be approved if more information is provided, a NOID signals serious concerns – USCIS officials believe the petition should be denied under current evidence. However, a NOID is not a final denial. It grants the petitioner (the employer filing the H‑1B) a last chance to respond with additional evidence or arguments to “save” the petition from denial.
USCIS uses NOIDs in H‑1B matters to ensure due process and avoid outright denials if there’s a chance the petitioner can clarify or fix shortcomings. The NOID notice will list the specific reasons for the intended denial, often citing regulations or missing evidence, and it sets a deadline (usually 30 days from issuance) for the petitioner to submit a rebuttal. If no timely response is received, or if the response fails to resolve the issues, USCIS will deny the H‑1B petition.
Common Reasons for Receiving a NOID in H‑1B Petitions
USCIS typically issues a NOID in H‑1B cases when one or more fundamental requirements for H‑1B eligibility are not convincingly met. Some common reasons include:
Failure to Establish a Specialty Occupation: The H‑1B job must qualify as a “specialty occupation,” meaning it requires the theoretical and practical application of highly specialized knowledge and at least a bachelor’s degree in a specific specialty (or equivalent). One of the most common triggers for a NOID (or an RFE) is the petitioner’s failure to prove the position is a true specialty occupation. USCIS may conclude that the job duties do not appear sufficiently complex or specialized to demand a bachelor’s degree, especially if the role is vaguely defined or seems similar to non-degree jobs. For example, during periods of stricter adjudication, USCIS often challenged H‑1B positions that they felt “do not appear complex enough to require a bachelor’s degree”. If the initial petition didn’t include a detailed job description linking the duties to a required degree, a NOID may be issued on specialty occupation grounds.
Inadequate Proof of Employer–Employee Relationship: USCIS may issue a NOID if the petition does not clearly demonstrate a valid employer–employee relationship between the U.S. company and the H‑1B beneficiary. The employer must have the right to hire, fire, pay, supervise, and otherwise control the work of the H‑1B worker. This issue often arises in third-party placement scenarios (consulting companies placing H‑1B workers at client sites). If the petition lacked evidence such as an employment contract, detailed work order, or an offer letter specifying the terms and the employer’s control, USCIS might doubt the relationship. A NOID may result if USCIS believes the petitioner will not truly supervise or control the daily work of the H‑1B employee.
Lack of Specific Work Assignments (Off-Site or In-House): Related to the above, USCIS expects to see evidence of non-speculative, specialty occupation work for the entire duration of the H‑1B period. If an H‑1B beneficiary will work at a third-party client site, the agency scrutinizes whether there are concrete project assignments or contracts in place. A NOID may be issued if the employer did not prove the availability of actual work – for example, if only a general statement of work was provided without signed contracts or if the work is projected but not confirmed. Even for in-house positions, USCIS can issue a NOID if it appears the company has no specific project or the work is prospective and not guaranteed. Essentially, USCIS wants assurance that the H‑1B employee won’t be “benched” without work. Petitions should include documentation like contracts, statements of work, project itineraries, and client letters; lacking these, a NOID may result on grounds of insufficient proof of ongoing work.
Questionable Beneficiary Qualifications: USCIS may also challenge whether the beneficiary is qualified for the specialty occupation. A NOID could be triggered if the H‑1B worker’s education or experience does not obviously match the job’s requirements. For instance, if the position requires a specific degree (e.g. Computer Science) but the beneficiary’s degree is in an unrelated field, USCIS might issue a NOID seeking proof of how the degree is equivalent or supplemented by experience. Similarly, if the beneficiary has a foreign degree, USCIS might question its equivalency to a U.S. bachelor’s degree. In such cases, academic evaluations, expert opinion letters, or proof of professional experience are critical. Failing to include those upfront can result in a NOID to “establish that the beneficiary was qualified to perform services in a specialty occupation”.
Labor Condition Application (LCA) or Wage Issues: An H‑1B petition must be supported by a certified LCA that corresponds to the job position in terms of role and wage level. If there’s a mismatch between the LCA and the petition – for example, the LCA job title or SOC code doesn’t match the actual job duties, or the wage level seems inappropriate for the stated role – USCIS may issue a NOID. A common issue in the past was petitions using a lower wage level for a job that appeared to require higher skills; this inconsistency can raise red flags. USCIS expects the LCA details (job title, duties, wage) to align with the petition. Failing to obtain a proper LCA or submitting one with errors (wrong work location, etc.) can also prompt a NOID. The petitioner would then need to clarify or correct the LCA and demonstrate compliance with wage requirements.
Maintenance of Status or Duration Issues: For H‑1B petitions involving a change of status or extension, USCIS might issue a NOID if there’s doubt the beneficiary maintained lawful status up to the filing, or if the beneficiary may be near or past the six-year H‑1B limit. For example, an extension petition could get a NOID if USCIS believes the person has exhausted the six-year maximum without evidence of an AC21 exemption (such as a pending green card process). Similarly, if pay stubs or prior approval notices were not provided to prove continual status, a NOID may ask for those documents. In these cases, the petitioner must furnish records like I-94s, prior H‑1B approval notices, pay stubs, and proof of any green card filings to establish the beneficiary’s ongoing eligibility.
Suspected Fraud or Misrepresentation: USCIS will issue an intent to deny if they find indications of fraudulent statements or documents in the H‑1B case. One recent example is the crackdown on multiple H‑1B cap registrations: USCIS discovered that some beneficiaries had been entered into the H‑1B lottery by numerous companies without genuine job offers, to unfairly increase their selection odds. In FY2023–2024, USCIS launched fraud investigations and frequently issued NOIDs (and even Notices of Intent to Revoke for already-approved petitions) where they suspect a false attestation in the H‑1B registrations. In such NOIDs, USCIS alleges the registration was not properly submitted due to misrepresentation, and the petition will be denied unless the petitioner can prove the legitimacy of the job offer. Generally, any derogatory information suggesting the petition is not bona fide (fake degrees, false work history, shell companies, etc.) can lead to a NOID. The petitioner must then rebut the allegations with strong evidence, since fraud-related NOIDs are very serious (they can result in denial and potential legal penalties).
Note: These reasons often first materialize as RFEs; a NOID in many H‑1B cases means the petitioner’s RFE response (or initial filing) didn’t satisfy the concern, and USCIS still has enough doubt to potentially deny the petition. The above issues cover the most frequent problem areas. In all cases, the NOID will spell out the specific deficiencies USCIS identified.
How to Respond to a NOID: Procedure and Timeline
If you receive a NOID in an H‑1B case, it’s crucial to act swiftly and strategically. Here are the key steps to take upon receiving a NOID:
Carefully Review the NOID Letter: As soon as the NOID arrives, read the notice thoroughly (and multiple times) to understand every issue USCIS has identified. The letter will enumerate the reasons for the intended denial and often cite what evidence is lacking or what standard was not met. Make note of each point, as your response must address all of them. It can help to outline or highlight the NOID content to ensure you don’t miss anything. This initial review is critical – you need a clear picture of USCIS’s concerns before formulating a response.
Note the Deadline and Calculate Response Time: Check the deadline by which the response must be submitted. Generally, USCIS gives only 30 days to respond to a NOID (from the date on the notice), plus a few days for mailing if the notice was mailed to you. The exact due date should be listed on the NOID. Mark this date and treat it as a non-negotiable deadline. No extensions are typically granted on NOIDs. Failing to respond by the due date (even by one day) will almost certainly result in a denial with no further chance to rebut. Because 30 days is a short window – and effective time is even less when accounting for mail delivery – you should aim to have your response ready well before the deadline.
Engage an Experienced Immigration Attorney: If you are not already working with an immigration lawyer, it is highly advisable to consult one immediately upon receiving a NOID. Crafting a successful NOID response often involves complex legal and evidentiary arguments, especially in H‑1B cases which hinge on regulatory definitions (like “specialty occupation”). An experienced attorney can analyze the NOID, help gather the right evidence, and formulate persuasive arguments. Even for immigration professionals, getting a second opinion or involving a colleague can be valuable given what’s at stake. Do not attempt to handle a NOID alone unless you have significant expertise; USCIS’s concerns must be addressed in a precise, legalistic manner, and an attorney can greatly improve the chances of overcoming the NOID. Many NOIDs can be overcome with a well-crafted response – but time is of the essence, so get professional help quickly.
Develop a Response Strategy for Each Issue: After understanding the NOID and securing any needed help, create a response plan. Break down the NOID by its enumerated issues (e.g., Issue 1: Specialty Occupation not established; Issue 2: missing evidence of client contract; etc.). For each one, plan what evidence or explanation you will provide to rebut USCIS’s concern. It’s often useful to prepare a cover letter or brief that will accompany your evidence, organized with headings corresponding to each NOID point. This way, you ensure nothing is left unaddressed. Prioritize gathering the toughest or most time-consuming evidence first. If, for example, the NOID challenges whether the job is a specialty occupation, outline a strategy to prove it (such as obtaining expert opinion letters, industry data, or a more detailed job description linking the role to a degree field). If the NOID raises multiple unrelated issues, consider assigning tasks: the company’s HR can gather employment documents, the attorney can draft legal arguments, the beneficiary can secure any personal documents needed, etc. A clear strategy will make the limited timeframe more manageable.
Gather Supporting Evidence and Documentation: Start collecting evidence immediately, focusing on quality and relevance. Your goal is to directly address USCIS’s doubts with concrete documentation. The type of evidence will depend on the issues raised, for example:
If specialty occupation is questioned, gather more detailed job descriptions, examples of similar job postings requiring a degree, an expert opinion letter from a professor or industry specialist, and copies of the Occupational Outlook Handbook or other authoritative sources showing the position typically requires a degree.
If qualifications are at issue, get official education evaluations for foreign degrees, letters from past professors or employers linking the beneficiary’s background to the job, transcripts, or proof of certifications/licenses. If the degree is in another field, have an expert clearly explain equivalencies or how the person’s experience compensates.
For employer–employee relationship or work availability issues, gather contracts, work orders, client letters, project plans, org charts, etc. A letter from the end-client confirming the project, along with the terms (duration, duties, supervision structure), can be very persuasive. Also include evidence that the petitioner company will supervise the worker (e.g., an employment agreement, performance review process, assignment of a manager).
If maintenance of status is an issue, compile pay stubs, tax documents, I-94 records, prior approval notices, and travel records to prove the beneficiary maintained continuous status and is eligible for extension.
In cases of suspected fraud or misrepresentation, this can be challenging – you must provide credible evidence to prove the legitimacy of the petition. This could include sworn affidavits, additional corroborating documents, and any records that directly refute the suspicion. For example, in the multiple H‑1B registration scenario, a petitioner might need to show that each job offer was genuine and independent (different teams, legitimate business need for each hire, etc.) – a high bar to clear. Legal counsel is especially critical here.
Make sure each piece of evidence is labeled and referenced to the corresponding issue in the NOID. It’s better to over-prepare evidence (as long as it’s relevant) than to respond minimally. USCIS explicitly provides examples in many NOIDs of what could be submitted – use those hints as a checklist. For instance, if they mention contracts or degrees, ensure you include those items. Remember, this is your final opportunity to supply missing proof.
Write a Clear and Comprehensive Response: Along with the evidence, you will submit a written response letter or legal brief. This document should systematically address each NOID reason, point by point. A well-structured approach is to:
Introduce the case (petition receipt number, petitioner and beneficiary name) and state that you are responding to the NOID.
For each issue, write a heading (e.g., “Issue 1: Specialty Occupation”) and then provide your rebuttal. Start by acknowledging what USCIS said (“USCIS has indicated that the position of X may not qualify as a specialty occupation because…”), then counter it with evidence (“However, attached evidence Exhibit A is a detailed job description and letter from [Industry Expert] explaining why the role requires at least a bachelor’s degree in the field, satisfying the regulatory criteria.”). Cite regulations or USCIS policy manual sections if helpful to show the legal standard and how you meet it.
Be clear and concise in your arguments. USCIS officers have limited time, so make it easy for them to see that you have addressed their concerns. Use bullet points or numbered lists within your letter if that helps organize complex information.
Reference the evidence by naming your exhibits (e.g., “See Exhibit B: Client Letter from ABC Corp confirming project duration”). Ensure every claim you make is backed up by a document in your packet.
Maintain a professional and factual tone. Do not be accusatory or emotional; if you think USCIS made an error in the NOID, you can politely point it out with evidence. For example, “USCIS’s NOID noted an absence of a client letter; however, the initial filing did include a client letter (copy attached as Exhibit X). We also provide an updated letter with additional details as Exhibit Y.” This both clarifies any misunderstanding and strengthens your case.
Organize and Submit the Response Package on Time: As you finalize the response, double-check that it is well-organized. Include a cover page or index of all the exhibits (evidence documents) and label each exhibit (A, B, C, …) both in the index and on the document itself. This helps the USCIS officer quickly locate the supporting material. The final package typically will contain:
The response cover letter/brief addressing the NOID issues.
Copies of all evidence exhibits (with tabs or labels).
The original NOID notice (or a copy) – sometimes attached on top for reference.
Form G-28 (notice of attorney representation), if an attorney is submitting the response and wasn’t on file previously. Make a complete copy of everything for your records. Send the response to the address indicated on the NOID (often a USCIS service center) using a reliable, trackable delivery service (FedEx, UPS, etc.). Given the time sensitivity, you may want to use overnight shipping. Ensure the package arrives by or before the due date – ideally a few days early. If you’re cutting it very close, some attorneys recommend hand-delivery or at least informing the delivery service of the USCIS lockbox or facility hours to avoid a failed delivery. After sending, check the tracking and delivery confirmation. USCIS might update the online case status when the response is received, but don’t rely on that alone – your proof is the courier delivery confirmation.
Follow Up and Wait for USCIS Decision: Once the response is submitted, there is generally no further action until USCIS reviews it. Premium processing (if associated with the H‑1B case) can speed up the timeline of a decision after NOID response (premium cases are supposed to get a decision within 15 days of USCIS receiving the NOID reply). Without premium processing, it may take several weeks for USCIS to evaluate the response. During this time, monitor the case status online for updates. In some instances, USCIS may issue a final approval if the response overcame all issues, or they might deny the petition if they remain unconvinced. Unfortunately, there is no intermediate feedback – you will get either an approval or a denial. Use the waiting period to ensure you have contingency plans: if the H‑1B is denied, can the worker stay on another status, or is an appeal or motion to reopen warranted? Hopefully, with a strong response, the next notice you receive will be an approval notice.
Best Practices to Strengthen Your H‑1B NOID Response (and Avoid Denial)
Responding to a NOID is a high-stakes effort. Here are some strategies to maximize the chances of success and avoid a denial:
Address Every Issue Head-On: Do not ignore or sidestep any point raised in the NOID. USCIS explicitly lists the reasons it intends to deny; your response should have a corresponding answer to each reason. Even if you think USCIS is mistaken on a particular issue, respond with evidence or explanation. For example, if they claim a document was missing but you believe it was sent, include a copy of that document again (with a note that it was previously provided) to remove any doubt. A NOID response is not the place to be selective – it must be comprehensive. Remember, USCIS will deny the petition if even one key issue remains unresolved.
Be Organized and Logical: A well-structured response is easier for officers to follow and is more persuasive. Organize your submission so that it flows logically, using headings that mirror the NOID’s language. If the officer can quickly match your response sections to their concerns, you’ve made their job easier. Additionally, present your evidence in a sensible order and cite your exhibits in the text. For instance, if one of the issues is specialty occupation, your discussion should cite specific exhibits (job postings, expert letters, etc.) right where you talk about them. Consider including a table of contents or exhibit list at the front. Officers appreciate clarity – an organized response can “connect the dots” for them, increasing the likelihood of a favorable outcome.
Provide Supporting Evidence (Not Just Explanations): Assertions in your letter should be backed by solid evidence. Wherever possible, show rather than tell. If you argue that the job is a specialty occupation, don’t rely only on describing the duties in words – also provide tangible evidence (like a letter from a professor attesting that such positions normally require a specific degree, or data from the U.S. Department of Labor). If you claim the beneficiary’s degree is relevant, include an evaluation report or syllabus linking the degree to the job skills. Think of the evidence as puzzle pieces that, when put together, form the picture of an approvable H‑1B case. USCIS even provides suggestions (in RFEs/NOIDs) of evidence that would be helpful – take those suggestions seriously. New evidence is often what tips the balance; a strong piece of proof can directly overcome a USCIS concern.
Use Expert Opinions and Industry Documentation: In complex cases (e.g., borderline specialty occupations or unusual degree situations), consider including expert opinion letters or industry documentation. An expert letter from someone with authoritative credentials (like a university professor in the field or a recognized industry expert) can help establish why the job requires specialized knowledge, or how the beneficiary’s background fulfills the requirements. While USCIS is not obligated to accept an expert’s opinion, a well-reasoned expert letter can carry weight, especially if backed by factual evidence. Likewise, you can attach excerpts from sources like the U.S. Occupational Outlook Handbook or similar publications that classify the role as typically requiring a degree. If USCIS sees external, reputable confirmation of your claims, it bolsters your response. Make sure any expert credentials are included (CV of the expert, for example) to show they are qualified to opine.
Ensure Consistency and Accuracy: Double-check that all information in your response is consistent with what was in the original petition (and any RFE response). Inconsistencies can hurt your credibility. If you must provide new information that differs from the original filing (perhaps correcting an error or updating something), acknowledge and explain it. For example, “The initial petition mistakenly stated the degree as Engineering; in fact, the beneficiary’s degree is in Computer Science (see Exhibit Z, corrected degree evaluation).” Being upfront and clear about any changes is better than hoping USCIS won’t notice a discrepancy. Also ensure names, dates, and numbers match across all documents (e.g., the salary on the job offer letter should match the LCA, project dates should align with what was initially stated, etc.). Clean, error-free documentation helps demonstrate professionalism and reliability.
Highlight Compliance with H‑1B Criteria: It can be effective to explicitly connect your evidence to the legal criteria for H‑1B approval. For instance, USCIS often evaluates specialty occupation through four regulatory criteria. If relevant, you might briefly argue how the position satisfies each criterion (if the NOID focuses on specialty occupation). Or if the NOID questions the employer–employee relationship, cite the January 2018 USCIS policy memo (if still in effect) or other guidance and show you meet those points (right to control, etc.). By framing your response around USCIS’s own rules and guidance, you show that you understand the standards and meet them. This “mapping” of facts to law can be very persuasive in a NOID response, essentially writing the approval for the officer.
Be Professional and Fact-Focused: The tone of your NOID response should be respectful, factual, and solution-oriented. Avoid any language that is argumentative in a negative way. If you disagree with something in the NOID, the best approach is to demonstrate the correct information with evidence, rather than express frustration. For example, instead of saying “USCIS is wrong to say our job is not specialized,” say “We respectfully submit that the position does meet the specialty occupation requirements. Exhibit A is a detailed breakdown of the duties showing that a degree in [field] is required, which aligns with USCIS’s definition of a specialty occupation.” This keeps the focus on facts, not feelings. Remember that the goal is to convince the adjudicator, who likely wants to approve the case if it can be justified. Make their decision easier by presenting a compelling, factual case for approval.
Submit Your Response on Time (or Early): This may seem obvious, but it’s worth emphasizing: do not miss the deadline. Late responses are generally not accepted. Plan to send out the response a few days before it’s due, to account for any unforeseen delays. If you’ve compiled a very large amount of evidence, ensure you start the submission process (getting G-28 signed, making copies, shipping) with enough lead time. It’s better to send a well-prepared response a week early than to scramble at the last minute and risk an incomplete or late submission. If the deadline is approaching and you are still missing some evidence, it’s usually better to send what you have rather than wait and miss the deadline – late evidence won’t be considered at all. In short: a timely if imperfect response is far better than a perfect response that’s late.
Following these best practices can significantly strengthen your NOID response. While a NOID indicates USCIS was close to denying the case, a careful and robust response can absolutely turn things around – both NOIDs and RFEs “can be turned into approvals” with the right approach. Many petitioners do succeed in overcoming NOIDs, especially with strong evidence and legal arguments. The key is to treat the NOID with the seriousness it deserves and respond as if the H‑1B approval depends on it – because it does.
Recent Trends in H‑1B NOIDs and Outcomes
The landscape of H‑1B adjudications has evolved in recent years, affecting how often NOIDs are issued and their outcomes. Here are some notable trends and statistics:
Overall H‑1B Approval and Denial Rates: H‑1B denial rates have fluctuated dramatically with changing administrations. Under the Trump administration’s restrictive policies (around 2017–2019), denial rates spiked – for example, 24% of H‑1B petitions for initial employment were denied in FY 2018. This was a historically high rate (roughly 1 in 4 new H‑1Bs were denied), and during this period USCIS issued many RFEs and NOIDs challenging filings (often on grounds like specialty occupation). In contrast, under the Biden administration, H‑1B denials have dropped to record lows. By FY 2022, the denial rate for new H‑1Bs fell to just 2.2%, and around 3.5% in FY 2023. In other words, 96–98% of H‑1B petitions were approved in recent years, a complete reversal from the 2018 peak. This trend suggests that USCIS has been more consistent and less confrontational in H‑1B adjudications lately, resulting in fewer petitions reaching the NOID/denial stage. Well-prepared petitions now have a very high chance of approval, whereas a few years ago even strong cases frequently ran into RFEs or NOIDs.
RFE Rates and NOID Frequency: Alongside lower denial rates, the incidence of Requests for Evidence (RFEs) – and by extension, NOIDs – has also decreased in the past couple of years. In FY 2019, under tighter scrutiny, nearly 40% of H‑1B petitions received an RFE, and only about 65% of those RFE’d cases were ultimately approved (meaning many cases with issues were denied). Fast forward to FY 2023, and the RFE rate for H‑1Bs dropped to around 10% (near historical lows), with over 80% of RFE responses resulting in approval. NOIDs, being reserved for more severe cases, have likely become relatively rarer in this environment. While USCIS doesn’t publish a simple “NOID rate,” the overall drop in RFEs/denials implies that only a small fraction of H‑1B petitions now receive NOIDs. Most H‑1B petitions are being approved without extensive challenges. However, when a NOID is issued, it’s often in edge-case scenarios or where potential fraud is suspected (since routine eligibility questions are usually resolved at the RFE stage). The high approval rates (96–98%) in 2021–2023 indicate that if you respond properly to any USCIS inquiry (RFE or NOID), your odds of approval are very good. This is encouraging news for employers and foreign workers – the H‑1B process has become more predictable and less adversarial compared to a few years ago.
Example – Crackdown on Multiple H‑1B Registrations: A recent trend in NOID usage involves anti-fraud enforcement. In H‑1B cap seasons 2023 and 2024, USCIS identified a high number of multiple registrations for the same beneficiaries (different companies entering the same person in the lottery to game the system). In response, USCIS has been issuing NOIDs (and even denials or revocations) for petitions where it believes the H‑1B registration was fraudulent or violated the attestation of a legitimate job offer. For example, if Beneficiary X was selected in the lottery through two companies that secretly coordinated, USCIS might issue a NOID to those companies’ petitions, asserting the registrations were not properly submitted. Many such NOIDs have been reported, and petitions were denied when the companies couldn’t overcome USCIS’s fraud concerns. USCIS also referred some cases for investigation and potential prosecution in egregious instances. The impact of this crackdown is evident: in FY 2024 there were over 408,000 multiple registrations (an all-time high), but after USCIS’s enforcement actions and a shift to a stricter lottery process, multiple registrations plummeted to about 47,000 in FY 2025 – and only 7,828 in FY 2026. This example shows USCIS using NOIDs as a tool to deter and punish fraud in the H‑1B program. For legitimate employers and foreign workers, it’s a reminder to avoid any appearance of misrepresentation. The vast majority of H‑1B NOIDs are not about fraud, but when fraud is suspected, USCIS moves aggressively.
Outcomes After a NOID: There isn’t an official published statistic on what percentage of NOIDs are overcome versus resulting in denial. Anecdotally, many immigration attorneys report successful reversals of NOIDs with strong responses, especially for cases that are fundamentally bona fide but needed better evidence. USCIS’s own policy is that a NOID is issued to avoid unwarranted denials – meaning the agency is open to approving if you satisfy the requests. In fact, USCIS notes that NOIDs (like RFEs) are intended to give petitioners a chance to fix issues rather than face denial and have to start over. So, if a petitioner takes that chance seriously, the outcome can be positive. On the flip side, if the issues are not fixable (e.g., the job truly doesn’t qualify, or fraud occurred), a denial will follow. In practical terms: a well-prepared response greatly improves your odds, whereas a poor or no response guarantees denial. Given the current climate of lower denials, one can infer that a significant portion of NOID responses do succeed in turning the case around.
Conclusion: Facing a NOID in the H‑1B process can be daunting, but it’s important to remember that a NOID is not the end. It’s an opportunity to strengthen your case and address USCIS’s concerns head-on. By understanding why NOIDs are issued and following the procedural guidance and best practices outlined above, petitioners can maximize their chances of an approval. Always respond within the deadline, with a well-organized and evidence-backed submission. Most importantly, learn from the NOID experience – whether it’s improving documentation in the initial filing or avoiding pitfalls that led to the NOID – so that future immigration filings are even stronger. With careful attention and the right strategy, you can successfully navigate a NOID and secure the H‑1B visa for the beneficiary. Both immigration professionals and foreign workers should approach NOIDs with a mix of urgency and confidence: urgent action to gather facts and rebut the issues, and confidence in the merits of the case when those facts are properly presented. An H‑1B NOID is a hurdle, not a brick wall – with diligence and expert help, it can often be overcome, allowing the petition to ultimately be approved.