4 I-140 Approvals After RFE or NOID on August 26, 2026
A Request for Evidence (RFE) signals that USCIS has identified issues requiring additional documentation or clarification before reaching a final decision on an employment-based petition. In some cases, adjudication may progress to an even more demanding stage, such as a Notice of Intent to Deny (NOID). Responding effectively requires the petition record to remain coherent, responsive to the officer’s concerns, and sufficiently supported under the applicable legal standard.
The following success stories highlight 4 I-140 approvals secured after additional USCIS scrutiny, including 1 EB-1A petition and 3 NIW petitions. Several cases involved circumstances that added complexity to adjudication, including a NOID, applicants with non-STEM academic backgrounds, residence outside the United States, limited supporting letters, and multiple transfers between service centers.
Cases With Inherent Challenges
Notice of Intent to Deny
One EB-1A petition received a Notice of Intent to Deny (NOID) before ultimately being approved. A NOID presents heightened adjudicatory difficulty because USCIS has preliminarily identified grounds that could support denial, requiring the record to address those concerns while continuing to establish eligibility under the EB-1A standard.
Multiple Service Center Transfers
Three of the four approved petitions were transferred between the Nebraska Service Center and the Texas Service Center before final adjudication. Multiple transfers can add procedural complexity because the underlying evidentiary record must remain clear, internally consistent, and readily reviewable as the petition moves through different service center operations.
EB-1A Approval After NOID (1)
#1: EB-1A in Life Sciences
This EB-1A approval involved a Research Specialist I, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Life Sciences, the petition received a Notice of Intent to Deny from the Texas Service Center before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 13 publications and 406 citations, with peer-reviewed work published as recently as 2026. The filing was supported by 5 recommendation letters and proceeded without testimonial letters.
The adjudication involved transfers from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center with upfront premium processing.
Notable: This approval is notable for securing EB-1A approval after NOID while undergoing multiple service center transfers.
NIW Approvals After RFE (3)
#2: NIW in Medicine
This NIW approval involved a Hospitalist, born in Egypt and residing in the United States, who proposes to remain in the same employment. Filed in Medicine, the petition received an RFE from the Texas Service Center before approval was ultimately secured.
The applicant held an M.B.B.S. and demonstrated a scholarly record consisting of 4 publications and 574 citations. The applicant’s most recent peer-reviewed publication was published in 2024, and the petition was supported by 2 recommendation letters and 1 testimonial letter.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field.
#3: NIW in Molecular Biology
This NIW approval involved a Research Fellow, born in Bangladesh and residing in the United States, who proposes to remain in the same employment. Filed in Molecular Biology, the petition received an RFE from the Texas Service Center before approval was ultimately secured.
The applicant held a STEM Ph.D. and had published 5 publications that had accumulated 33 citations. The most recent peer-reviewed publication was from 2019, and the petition was supported by 2 recommendation letters without testimonial letters.
The adjudication involved transfers from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center with upgraded premium processing.
Notable: This approval is notable for securing NIW approval after RFE review while undergoing multiple service center transfers.
#4: NIW in Medical Artificial Intelligence
This NIW approval involved a Research Fellow, born and residing in the Republic of Korea, who proposes to remain in the same employment. Filed in Medical Artificial Intelligence, the petition received an RFE from Officer XM1884 before approval was ultimately secured.
The applicant held an M.D. and demonstrated a scholarly record consisting of 9 publications and 117 citations. The most recent peer-reviewed work was published in 2025, and the petition was supported by 4 recommendation letters without testimonial letters.
The adjudication involved transfers from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center with upfront premium processing.
Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field while the applicant was residing outside the United States and undergoing multiple service center transfers.
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.