Having secured USCIS approval — whether for a visa, green card, or another immigration benefit — receiving a Notice of Intent to Revoke (NOIR) months later can be huge shock. Suddenly, your immigration status is at risk, and you have limited time to respond.

Not only does it give a worrying indication of USCIS’ assessment of your case, but it is also usually followed by a long wait to hear the final decision from USCIS. It’s a situation no applicant wants to face, but if you do, understanding what’s happening and your options and next steps will be critical.

A NOIR isn’t an automatic denial, but it’s a serious warning that USCIS believes there’s a reason to revoke your previously approved petition. Common reasons for a NOIR include suspected marriage fraud, employment visa violations, or errors in submitted information.

Ignoring a NOIR can result in visa denial, loss of status, or even removal proceedings. Consulting an immigration attorney is highly recommended to ensure a well-prepared response and the best chance of maintaining the approved petition.

If you’ve received a NOIR, you need to act fast and respond strategically. In this guide, we break down why USCIS issues NOIRs, what they mean for your status, and how to build a strong response that keeps your immigration case on track.

 

What is a NOIR from USCIS?

 

The Notice Of Intent to Revoke (NOIR) is used by USCIS to inform a US visa applicant or holder of the intention to revoke a petition that has been previously approved. They can be issued for any type of visa, both immigrant and nonimmigrant and family-based or employment-based, at any time after approval for a petition has been granted.

In the case of a visa application made from overseas, it is likely that information or evidence has been uncovered following the applicant’s visa interview at the consular post, suggesting that the approval was based on fraud, misrepresentation, ineligibility, or failure to meet requirements.. In these circumstances, the consulate will inform USCIS of the new information, returning the full application and investigation documentation to USCIS, who will then issue the formal notice to the US-based sponsor of the visa applicant (‘beneficiary’).

Receiving a NOIR does not mean automatic revocation. Petitioners are given an opportunity to respond within the deadline stated in the notice, usually 30 days. A strong response should include legal arguments, additional evidence, and supporting documents to address USCIS concerns.

 

NOIR, NOID, RFE?

 

NOIRs differ from NOIDs and RFEs as they are issued following an initial positive decision in favour of the petitioner.

A Notice of Intent to Revoke (NOIR) differs from a Notice of Intent to Deny (NOID) and a Request for Evidence (RFE) because it is issued after USCIS has already approved a petition. A NOIR indicates that USCIS is reconsidering its prior approval due to new findings, potential misrepresentation, compliance issues, or errors in the initial decision.

A NOID is issued when USCIS intends to deny an application before making a final decision, usually due to significant eligibility concerns that cannot be resolved with minor corrections.

An RFE is a request for additional evidence needed to make a decision on a pending case. Unlike a NOIR or NOID, an RFE does not indicate an intent to deny or revoke but simply means USCIS requires more documentation to proceed.

Note also that a NOIR does not refer to inadmissibility; this is dealt with through a waiver application.

 

When are NOIRs issued?

 

In practice, NOIRs can be issued in relation to H-1B and L-1 visa holders following DHS worksite visits. Site inspections are used to check employees’ immigration status and that all compliance conditions are being adhered to and the employer’s duties are being met. Issues identified during visits can then give rise to revocation of visas on either a mandatory or non-mandatory basis.

Reasons could include for example gross error on the part of DHS for a previous visa, if the information provided in the petition are false (fraudulent or otherwise), or if there has been a change in eligibility such as employment.

NOIRs can also be issued if the Department of Labor is intending to revoke a labor condition application.

 

How to respond to a NOIR

 

The NOIR will contain a lot of detail that you will need to look at closely to decide your next steps.

First, check the notice document relates to the correct visa applicant. You should then check the deadline to respond. You will generally be given 30 days to respond before your application is revoked. This isn’t a lot of time to compile your response and any supporting evidence. As such, it will be critical to act fast. Taking early professional advice can help ensure you understand all options.

The notice will also contain the relevant grounds for the decision. These should fall under Section 205 of the Immigration and Nationality Act: misrepresentation? ineligibility of the sponsor or the employee? discovery of derogatory information? mistake or misinterpretation of the adjudicator?

Look at the specific issues alleged. The response will need to address each individual ground. Failing to respond to any of the issues listed will result in revocation, so it will be critical that as much information, documentation and affidavits are gathered and submitted on time to counter the allegations contained in the NOIR.

For example, if the petition is for a family-based visa and the NOIR questions the authenticity of the relationship, further evidence will be needed. This should be more than and in addition to what has already been provided.

If there are any factual errors in the reasons for revocation, an amended petition may need to be filed.

Depending on the circumstances, it may be advisable to submit a brand new petition altogether and focus on addressing the challenges of the previous application. This will require processing fees to be paid again, and applicants should prepare for additional scrutiny following previous application difficulties.

Given what is at stake and that each case will turn on its own facts, it is advised to take professional guidance on your options to ensure you are able to respond effectively within the timeframe.

 

What happens after submitting your response?

 

Under US immigration rules, there are no guidelines for processing times of NOIR responses, so petitioners are generally in for a lengthy wait to receive a response.

Once the response has been received, USCIS will conduct further investigation in light of the new information provided in order to reach a final decision. It can take up to a year to receive a final decision.

If the decision is in the applicant’s favour, USCIS will send the petition back to the relevant consulate. The applicant will need to go through consular processing again, but with the assurance that USCIS will not revoke the petition on the same grounds for a second time.

 

What happens if the response is negative?

 

If the rebuttal is rejected, the applicant will have only 15 days to appeal.

A revoked visa has the effect of changing the holder’s immigration status in the US. They no longer benefit from the permissions granted under the visa, such as work authorization. They will have to cease working with immediate effect and will have to leave the US unless they can secure alternative status to remain lawfully.

In all future US visa applications, they will have to disclose details of the revocation.

It can also have wider-reaching effects on the visa holder’s US employer, who may come under the scrutiny of US immigration officials as to their other non-US workers and immigration applications.

 

Need assistance?

 

For specialist guidance on a US immigration application, contact the attorneys at NNU Immigration.

 

NOIR USCIS FAQs

 

What is a NOIR from USCIS

A NOIR, or Notice of Intent to Revoke, is a formal notice issued by USCIS indicating that it intends to revoke a previously approved visa petition. This happens when USCIS finds new evidence, identifies errors, or questions the petition’s validity.

 

Does receiving a NOIR mean my visa is automatically revoked

A NOIR does not immediately revoke a visa or petition approval. It provides the petitioner with an opportunity to respond and submit evidence to address USCIS concerns before a final decision is made.

 

What are the common reasons for a NOIR

A NOIR may be issued for reasons such as suspected fraud, misrepresentation, errors in the initial approval, failure to maintain eligibility, or issues discovered during site visits or further review of documents.

 

How long do I have to respond to a NOIR

The deadline to respond to a NOIR is typically 30 days from the date of issuance. The response must include strong legal arguments and supporting documents to refute USCIS concerns.

 

What happens if I do not respond to a NOIR

If a petitioner fails to respond to a NOIR within the given timeframe, USCIS will likely proceed with revocation, resulting in the loss of the visa approval or immigration benefit.

 

Can I appeal a revoked petition after a NOIR

In most cases, if a petition is revoked following a NOIR, the petitioner may have the option to file a motion to reopen or reconsider the decision. However, not all cases are eligible for appeal, so legal advice is recommended.

 

Can a NOIR affect my future immigration applications

A NOIR can have serious consequences for future visa or immigration applications. A revocation may lead to increased scrutiny, potential inadmissibility issues, or difficulties in securing approvals in the future.

 

Glossary

 

 

Term	Definition
NOIR (Notice of Intent to Revoke)	A formal notice issued by USCIS indicating that it intends to revoke a previously approved visa petition due to new findings, errors, or concerns about eligibility.
NOID (Notice of Intent to Deny)	A notice from USCIS informing an applicant that their petition is likely to be denied unless they provide additional evidence to overcome concerns.
RFE (Request for Evidence)	A request from USCIS for additional documentation or information needed to make a final decision on a pending immigration petition.
USCIS (US Citizenship and Immigration Services)	The government agency responsible for processing immigration applications, including visas, green cards, and naturalization.
Visa Revocation	The cancellation of an approved visa or petition due to noncompliance, fraud, misrepresentation, or failure to meet eligibility requirements.
Petitioner	The person or entity that submits an immigration petition on behalf of a foreign national, such as an employer sponsoring a worker or a spouse applying for a family-based visa.
Beneficiary	The foreign national who is the subject of an immigration petition and is seeking a visa or immigration benefit.
H-1B Visa	A nonimmigrant visa for skilled foreign workers in specialty occupations, commonly subject to site visits that may result in NOIRs if compliance issues arise.
L-1 Visa	A visa allowing multinational companies to transfer employees to a US office, also subject to compliance checks that may trigger a NOIR.
Labor Condition Application (LCA)	A document filed with the Department of Labor by employers sponsoring H-1B workers, which must be valid for the visa petition to remain approved.
Site Visit	An inspection conducted by USCIS or the Department of Labor to verify an employer’s compliance with immigration regulations, often affecting H-1B and L-1 visa holders.
Fraud or Misrepresentation	Providing false or misleading information in an immigration petition, which can lead to a NOIR, denial, or permanent inadmissibility.
Motion to Reopen	A formal request asking USCIS to reconsider a decision based on new or overlooked evidence.
Motion to Reconsider	A legal request for USCIS to review a decision due to an incorrect application of law or policy.
Appeal	A process that allows a petitioner to challenge a USCIS decision, typically through the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA).
Inadmissibility	A status that prevents a foreign national from entering or remaining in the US due to legal violations, including visa revocations.
Immigration Compliance	The legal obligations that visa holders and petitioning employers must follow to maintain valid immigration status and avoid penalties.