4 I-140 Approvals After RFE or NOID on November 3, 2026
A Request for Evidence (RFE) or Notice of Intent to Deny (NOID) can represent one of the more demanding stages of adjudication in the employment-based immigration process. When USCIS issues an RFE, a petition undergoes additional scrutiny, and further evidence or clarification may be requested regarding the applicant’s qualifications and eligibility under the applicable immigration standard. A NOID can present an additional adjudicative challenge by notifying an applicant that USCIS intends to deny a petition unless the identified concerns are adequately addressed. Successfully navigating heightened review requires an evidentiary record that remains organized, internally consistent, and directly responsive to the concerns raised during adjudication.
The following success stories highlight 4 I-140 approvals, consisting of 1 EB-1A approval, 1 EB-1B approval, and 2 NIW approvals. Several cases presented circumstances that added complexity to adjudication, including an earlier petition denial, a NOID, multiple service center transfers, applicants with relatively modest scholarly records, and a petition initially filed without recommendation or testimonial letters.
Cases With Inherent Challenges
Prior Petition Denial and Refiling
One EB-1A approval involved an applicant whose initial petition received an RFE and was subsequently denied before approval was secured through a refiled petition. This circumstance added procedural complexity because the subsequent petition needed to independently demonstrate eligibility under the applicable extraordinary ability standard despite the earlier unfavorable adjudication outcome.
Multiple Service Center Transfers
One petition underwent multiple transfers between the Nebraska Service Center and the Texas Service Center during adjudication. Such procedural movement can add administrative complexity because the evidentiary record must remain clearly organized and internally consistent throughout review across different service center operations.
EB-1A Approval After RFE (1)
#1: EB-1A in Artificial Intelligence Engineering
This EB-1A approval involved a Member of Technical Staff in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Artificial Intelligence Engineering, the applicant secured EB-1A approval through a refiled petition after an earlier EB-1A petition received an RFE from Officer XM1882 and was subsequently denied.
The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 9 publications and 207 citations, with peer-reviewed work published as recently as 2026. The filing included 8 recommendation letters and 5 testimonial letters.
The petition was adjudicated through the Nebraska Service Center with upfront premium processing.
Notable: This approval is notable for securing EB-1A approval through a refiled petition following an earlier petition that received an RFE and was denied.
EB-1B Approval After NOID (1)
#2: EB-1B in Mechanical Engineering
This EB-1B approval involved an Assistant Professor, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Mechanical Engineering, the petition received a NOID from the Texas Service Center before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 12 publications and 77 citations, with peer-reviewed work published as recently as 2026. The initial filing included 4 recommendation letters and no testimonial letters, while 1 additional recommendation letter was submitted as part of the NOID response.
The petition was adjudicated through the Nebraska Service Center with upfront premium processing.
NIW Approvals After RFE (2)
#3: NIW in Computational Healthcare
This NIW approval involved a Graduate Research Fellow, born in India and residing in the United States, who proposes to work as a Data Scientist - Digital Measures in industry. Filed in Computational Healthcare, the petition received an RFE from Officer XM2055 before approval was ultimately secured.
The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 8 publications and 172 citations, with peer-reviewed work published as recently as 2025. The initial petition proceeded without any supporting letters, while 2 recommendation letters were submitted with the RFE response.
The petition underwent 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 while undergoing multiple service center transfers.
#4: NIW in Electrical and Computer Engineering
This NIW approval involved a CRB Survey UAV & Chemical Applicator, born in Iran and residing in the United States, who proposes to remain in the same employment. Filed in Electrical and Computer Engineering, the petition received an RFE from Officer TSC2486 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 16 publications and 34 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without recommendation letters and included 1 testimonial letter, while 7 recommendation letters and 1 additional testimonial letter were submitted as part of the RFE response.
The petition was transferred from the Nebraska Service Center to the Texas Service Center with a premium processing upgrade.
The key to our success is the way in which we present supporting evidence and provide the highest quality petition letters. With over 70,000 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.