Received an RFE, NOID or denial on your EB-2 NIW or EB-1A petition?

By Joseph M. Foto. Last reviewed: November 2026.

Request for evidence (RFE). Use the deadline stated in your notice. USCIS must receive your response by that deadline, so plan around delivery, not the day you send it. Since August 2026, 12 weeks (84 days) is only the maximum, not the standard. Officers set the deadline case by case, so it can be shorter, and they cannot grant more time. If USCIS mailed the notice, 3 days are added to the response period, for a maximum of 87 days from the date USCIS mailed it. There is no longer extra time for notices mailed abroad.

Notice of intent to deny (NOID). Use the deadline stated in your notice. USCIS must receive your response by that deadline. The longest response time is 30 days. If USCIS mailed the notice, 3 days are added, for a maximum of 33 days from the date USCIS mailed it.

A date printed on your notice. If USCIS mailed the notice, a date printed on it already includes the 3 days, so do not add days to it.

If you miss the date or respond in part. If you do not respond by the deadline, USCIS may deny the petition as abandoned, based on the record, or both. USCIS treats a partial response as a request for a decision on the record, so all requested materials need to go in together. USCIS can also deny a petition for missing required initial evidence without sending an RFE or NOID first.

Weekends and holidays. If a deadline counted in days ends on a Saturday, Sunday or federal holiday, a paper filing is on time if USCIS receives it by the end of the next business day.

Denial. In most cases, an appeal or motion on Form I-290B is due within 30 calendar days of the date of service, or 33 days if USCIS mailed the decision. For a mailed decision, the date of service is the date USCIS mailed it, not the date you received it. USCIS may excuse a late motion to reopen only if the delay was reasonable and beyond your control.

• Motion to reopen. States new facts and is supported by affidavits or other documentary evidence.
• Motion to reconsider. Argues that the decision applied the law or USCIS policy incorrectly, and was incorrect on the record at the time.
• Appeal. A denied Form I-140 can be appealed on Form I-290B to the Administrative Appeals Office. If USCIS denied the petition as abandoned, you cannot appeal, but you may file a motion to reopen.
• New petition. You may be able to file again with a stronger record. Whether that makes sense depends on why USCIS denied the first petition.

Unless USCIS directs otherwise, filing a motion or a new petition does not put the decision on hold or extend a departure date.

The right path depends on the reasons in your notice. Sometimes the honest answer is that the record needs more work first.

Background on the standards: EB-1A overview and NIW overview.

1. Send your CV or a short summary.Tell us the type of notice, its date and any deadline. Do not upload the notice or other documents yet. We first run a conflict check, which confirms that nothing prevents us from helping you.
2. Conflict check and first reply.We aim to reply within 2 business days. The reply is a general screen, not legal advice.
3. A closer look at your notice.If we may be able to help, we ask for your notice, read it and tell you what we could do next. There is no charge or expense for this step, and it is still a general screen, not legal advice.
4. Decision.If you want to proceed, fees are discussed in a consultation and set out in a written engagement agreement. You decide.

Joseph M. Foto is the only attorney at Foto Legal and is licensed to practice law in Louisiana, so the lawyer who reads your CV is the lawyer responsible for your petition. You can confirm his license through the Louisiana State Bar Association's Find an Attorney page. The firm's work is focused on EB-1A and EB-2 NIW petitions.