Officers at U.S. Citizenship and Immigration Services review visa petitions. They are to do their best to determine whether the applicant is eligible for the visa for which they are applying.

If the officer determines a person is not eligible, then the officer must send the applicant a Notice of Intent to Deny. The NOID must state the grounds for which the officer is basing the plan to deny. Some grounds for denial include:

• The applicant applied for a nonimmigrant visa but did not overcome the presumption that he or she intends to stay only temporarily in the United States;
• The applicant has been convicted of a disqualifying offense, such as a drug offense or a crime of moral turpitude;
• The applicant misrepresented a material fact;
• The applicant did not complete the application; or
• The applicant did not sufficiently prove that he/she has the required education or experience for the job he/she is being offered.

The Notice of Intent to Deny is not a denial. It means an application will be denied if the specific grounds on which the officer plans to deny the petition are not sufficiently overcome.