What is a NOIR from USCIS? Notice of Intent to Revoke or Rescind, Explained
- A NOIR is not a final decision—you have 30 days to respond with evidence and legal arguments to keep your immigration status.
- Revocations affect approved visas or petitions due to changed circumstances; rescissions target Green Cards based on past ineligibility when you were approved.
- Missing the 30-day deadline or providing incomplete responses makes the revocation or rescission final, so it’s best to work with an immigration attorney as soon as you receive an NOIR.
Receiving a Notice of Intent to Revoke or Notice of Intent to Rescind (NOIR) can feel like the ground has shifted beneath your feet. U.S. Citizenship and Immigration Services (USCIS) is reconsidering an immigration benefit they already granted you—but here is what matters: a NOIR is not a final decision.
You have the right to respond and present evidence to fight against the government’s concerns regarding your application.
This guide will walk you through what you need to know about NOIRs and how to craft an effective response within the strict 30-day deadline. While a NOIR is not a final decision, it requires immediate action to preserve your immigration benefit.
| 🧑⚖️Clear guidance, without the legal jargon. This article is informed and reviewed by Manifest Law’s experienced immigration attorneys—and written to make the law make sense. Because you deserve to understand the system, not fight it. Check out our editorial policy for more info. |
What is a Notice of Intent to Revoke or Rescind (NOIR)?
There are two types of NOIRs.
- A Notice of Intent to Revoke is a notification that USCIS intends to take back or cancel a visa, benefit, or petition that it previously approved.
- A Notice of Intent to Rescind is a notification that USCIS intends to reverse an adjustment of status approval.
These situations sound similar, but rescission only applies to people who are going through the process to become a lawful permanent resident; a revocation can affect anyone with a visa, visa petition, or relevant benefit request.
In all cases, USCIS only sends a NOIR if it has already approved your petition or application, but is reconsidering that decision based on new information, changed circumstances, or concerns about the legitimacy of your application.
Note that a NOIR is not a final decision. USCIS is giving you advance notice of their concerns and an opportunity to respond before they take action. You usually have 30 days to respond, so it’s important to act quickly.
What is the difference between a NOIR and a NOID?
It’s easy to confuse NOIRs with NOIDs (Notices of Intent to Deny), but they are fundamentally different:
- USCIS may send a NOIR after a petition, visa, or adjustment of status approval if it plans to take back that approval. Your response is a chance to keep the status you already have.
- You may receive a NOID while your petition is pending if USCIS is planning to deny your application unless you provide additional evidence. You are still trying to get initial approval. A NOID is more similar to a Request for Evidence (RFE).
Both notices require immediate attention and detailed responses, but a NOIR often carries a greater sense of urgency because you stand to lose immigration benefits you already have—potentially affecting your ability to work or live in the U.S.
Common reasons for receiving a NOIR
Understanding why you received a NOIR is the first step in crafting an effective response.
Reasons you may have received a NOIR for a revoked visa petition
Petition revocations, like for an approved Form I-129, I-130, or I-140, typically stem from changed circumstances after your approval. They could also result from concerns about the accuracy of information you shared with USCIS A few reasons you might get this type of NOIR are:
- Material changes from your visa petition: Changed job duties, a different work location, a salary that no longer match the approved petition, or a qualifying family relationship that ended through divorce or death
- Petitioner issues: Financial problems for an employer, an inability to pay you the required wage, business legitimacy concerns, or questions about a family petitioner’s ability to sponsor you
- Beneficiary concerns: Doubts about your claimed credentials, suspected fraud, or misrepresentation
Reasons you may have received a NOIR for a rescinded Green Card
A rescission of legal permanent resident status focuses on past ineligibility—whether you should have been approved in the first place. It’s possible to get this type of NOIR whether you’re seeking a Green Card through marriage, employment, family, or another path. Examples of why USCIS may send you this NOIR include:
- Marriage-based concerns: Marriage fraud allegations, a marriage that dissolved before adjustment of status, or undisclosed inadmissibility grounds
- Employment-based concerns: A job that never existed, qualifications that were not properly met, or fraud in the original application
How Manifest Law can help with your NOIR
We understand how stressful and destabilizing receiving a NOIR can feel for you and your family. Manifest Law’s immigration attorneys have proven experience responding to NOIRs for clients and their families.
We know how to address USCIS concerns directly, present all the necessary evidence, and handle complex cases involving family members. Request a consultation with Manifest Law for help developing a response plan.
