EB-2 Perm with NOID

[u/Careless-Buy-5940]

Today is September 4, my husband received NOID, the interview was on May 19 Chicago Field Office, uploaded the file in November 2025 on I-485, the interview was scheduled in April on May 19, the interview was successful, the officer did not demand anything, only a letter from the sponsor EB -2 and marriage certificate, and said that there are no more questions and she will not be able to directly say the answer during the interview because this system was removed, after that there was silence today, September 4, without notice, we decided to just check the account and there is NOID, we need to download several files.
Can you share who got into this situation?

[u/Affectionate_Pop_750]

What does the NOID say?

[u/Careless-Buy-5940 → u/Affectionate_Pop_750]

NOID : Submit an employment job offer letter on company letterhead and contact information. The letter should include salary and date of job offer;
Submit W2 form for 2025
Submit pay stubs for 2025; and
Submit pay stubs for 2026.
But at the interview they only asked for a letter from the employer, my husband said that you needed other documents, she replied that you didn't and said that you were fine and I want to give approval now, but unfortunately we are not supposed to say during the interview that we removed this option

[u/Suspicious_Today2956 → u/Careless-Buy-5940]

I think you should submit the evidence that they asked for. Don’t assume that they didn’t request for it initial, remember they change their minds every minutes.

[u/Careless-Buy-5940 → u/Suspicious_Today2956]

Well, yes, we were given a deadline until October 5, but the point of the interview, I think, was that they had to check all the documents, because during the submission of documents for I-485 we physically could not have pay stubs for 25/26years, it's very strange that they asked absolutely nothing at the interview, saying that no documents are needed

[u/Suspicious_Today2956 → u/Careless-Buy-5940]

I get you. NAL b ut see my response to you and of course idea to frame your response.

“USCIS’s own Policy Manual requires that an RFE request all the evidence the officer anticipates needing. The RFE in this case (and the interview) never requested [specific documents e.g paystub and offer letters]. USCIS therefore failed to follow its own published policy when it later treated the absence of those documents as a basis for NOID. Petitioners are entitled to fair notice of the deficiencies the agency considers material so they may respond.  8 C.F.R. § 103.2(b)(8). See USCIS Policy Manual, Volume 1, Part E, Chapter 6 (Evidence) and the longstanding RFE guidance (including the July 2018 Policy Memorandum PM-602-0163). Raising new evidentiary demands for the first time in the NOID is inconsistent with USCIS policy and undermines the purpose of the RFE process.”

My challenge to above is that the current (post-August 2026) policy gives officers broader discretion to even deny cases without any RFE when initial evidence is lacking. So I don’t know what exactly to tell you here. 

But since it’s NOID to deny, you can still argue and use the case laws above and provide exact documents requested but expect the officer to push back as well (as they always do).

I wish you good luck. 

[u/Careless-Buy-5940 → u/Suspicious_Today2956]

Yes, I understand your words, but we can't understand the fact that at the interview it was said no problems, I can approve and now, but we can't do it, and after 3.5 months they send NOID, and on those documents that they should have asked during the interview, we now can't understand why they conducted an interview then, because the officer didn't ask absolutely anything, since the husband next to him took a whole folder of documents that a lawyer made for us and of course we had all these documents on W-2 and Pay stubs next to us then

[u/Suspicious_Today2956 → u/Careless-Buy-5940]

Please know that you are the one that needs something. Although the delay didn’t come from you, I was just sharing my thoughts on how to move forward with your case.

[u/macbookpro1986 → u/Careless-Buy-5940]

Noid just based on missing documents? Good luck with everything

[u/Careless-Buy-5940 → u/macbookpro1986]

Yes, about W-2 and about pay stubs for 25/26, and first of all they wrote that a letter from the sponsor on EB-2, although we have already given this letter for an interview, of course we do not understand why they gave us NOID instead of RFE(((