2 I-140 Approvals After RFE or NOID on June 4, 2026
A Request for Evidence (RFE) or Notice of Intent to Deny (NOID) represents one of the most demanding stages of adjudication in the employment-based immigration process. At this stage, USCIS requires a more comprehensive demonstration of eligibility, a clearer connection between the beneficiary’s accomplishments and the governing legal standard, or additional clarification regarding the significance of the beneficiary’s work. Petitions that proceed beyond these challenges and ultimately secure approval must withstand heightened scrutiny while maintaining a persuasive and internally consistent evidentiary record.
The following success stories highlight two EB-1B approvals achieved after significant adjudicative challenges, including a prior NIW denial with a dismissed appeal and a NOID issued during adjudication. These cases involved beneficiaries with varying publication and citation records, both working in research-intensive STEM fields and seeking to continue contributing to the United States through their current employment.
Cases With Inherent Challenges
Prior Denial and Unsuccessful Appeal Before Subsequent Approval
One approval involved a beneficiary whose earlier NIW petition received an RFE, was ultimately denied, and remained unsuccessful after appeal review. Subsequent approval under a different immigrant classification required the petition to establish eligibility on its own merits while overcoming the procedural history associated with a prior adverse outcome.
Adjudication Following a Notice of Intent to Deny (NOID)
One approval was secured after USCIS issued a NOID. Unlike a standard RFE, a NOID generally signals more significant adjudicative concerns and requires a particularly persuasive response addressing the specific deficiencies identified by the reviewing officer. Achieving approval after a NOID demonstrates the importance of presenting a well-supported and responsive evidentiary record.
EB-1B Approvals After RFE or NOID (2)
#1: EB-1B in Biological Engineering
This EB-1B approval involved a Senior Formulation Scientist in industry, born in India and residing in the United States, who proposes to continue in the same role. Filed in Biological Engineering, the approval followed a substantially more complex procedural history in which the earlier NIW petition received an RFE from Officer XM1685, was denied, and later remained unsuccessful after the appeal was dismissed. Despite that prior outcome, the EB-1B petition ultimately secured approval.
The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 9 publications and 188 citations, with peer-reviewed work published as recently as 2025. The petition included 8 recommendation letters and proceeded without testimonial letters.
The case was adjudicated through the Texas Service Center with upfront premium processing.
Notable: This approval is notable for securing EB-1B approval after a prior NIW petition received an RFE, was denied, and remained unsuccessful after appeal review.
#2: EB-1B in Molecular Biology
This EB-1B approval involved a Research Fellow, born in Egypt and residing in the United States, who proposes to continue in the same role. Filed in Molecular Biology, the petition received a NOID from Officer TSC1728 before the case ultimately reached approval.
The applicant held a STEM Ph.D. and established a developing scholarly record consisting of 4 publications and 61 citations, with the most recent peer-reviewed publication appearing in 2025. The petition was supported by four recommendation letters and no testimonial letters.
The case was adjudicated through the Texas Service Center with upfront premium processing.
The key to our success is the way in which we present supporting evidence and provide the highest quality petition letters. With over 64,000 I-140 EB-1 ( EB-1A Alien of Extraordinary Ability; EB-1B Outstanding Researcher or Professor), EB-2 NIW (National Interest Waiver) and O-1 approvals, our firm has acquired substantial information about USCIS decisions, which gives us significant advantage over firms that only handle a small number of cases.
Based on our close track of USCIS internal memoranda, AAO decisions, and judicial review decisions, we have unique insight into the USCIS adjudication trends. Not only do we apply this insight into our approaches to our clients' cases, but we also carefully review all RFEs (Requests for Evidence), NOIDs (Notices of Intent to Deny), approvals, and denials issued on our cases so that we can further increase our understanding of USCIS strategies and decision-making processes. With the insight, we are able to advise our clients on the best ways to proceed with their petitions.
While other petitioners and attorneys may still use templates to draft recommendation letters or petition letters, our clients' recommendation letters and petition letters are tailored to their individual credentials to best persuade a USCIS officer that our clients meet the requirements of the category they are applying under and therefore their petitions deserve to be approved. To provide the best EB-1 and EB-2 NIW services, our law firm only selects attorneys who have received their professional Juris Doctor degrees from the top law schools in the U.S. and who have garnered rigorous analytical skills through years of experience.