6 I-140 Approvals After RFE or NOID on October 7, 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 6 NIW I-140 approvals involving RFE review or a related NOID history. Several cases presented circumstances that added complexity, including an applicant whose related EB-1B petition received a NOID, multiple service center transfers, petitions that initially proceeded with limited or no supporting letters, and applicants with relatively modest publication or citation records.
Cases With Inherent Challenges
Adverse Adjudication History Involving a NOID
One applicant had a related EB-1B petition that received a NOID. Such an adjudicative history can add complexity because the NIW petition must independently establish eligibility under the applicable immigrant classification despite heightened scrutiny associated with a separate employment-based petition.
Multiple Service Center Transfers
Two petitions underwent 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.
Applicants Residing Outside the United States
Two approvals involved applicants residing outside the United States, including those in South Korea and the Czech Republic. Both petitions ultimately secured approval after RFE review, showing that residing outside the United States did not prevent the petitions from being approved.
NIW Approvals After RFE or NOID (6)
#1: NIW in Cancer Therapeutics
This NIW approval involved a Ph.D. Student (Ph.D. Researcher), born in Vietnam and residing in South Korea, who proposes to work as a Biomedical Researcher. Filed in Cancer Therapeutics, the petition received an RFE from Officer XM2149 before approval was ultimately secured.
The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 3 publications and 59 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting letters, while 2 recommendation letters were submitted with the RFE response.
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 while the applicant was residing outside the United States.
#2: NIW in Computer Science
This NIW approval involved a Ph.D. Student (Researcher & Academic Assistant), born and residing in the Czech Republic, who proposes to work as a Research Scientist in industry. Filed in Computer Science, the petition received an RFE from Officer XM2378 before approval was ultimately secured.
The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 17 publications and 121 citations, with peer-reviewed work published as recently as 2025. The petition proceeded without any supporting letters.
The case underwent transfers from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters while the applicant was residing outside the United States and undergoing multiple service center transfers.
#3: NIW in Machine Learning
This NIW approval involved a Machine Learning Engineer Contractor, born in Nepal and residing in the United States, who proposes to work as a Postdoctoral Scholar in Medical Image Computing. Filed in Machine Learning, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 3 publications, with peer-reviewed work published as recently as 2024. The filing proceeded without recommendation letters and included 1 testimonial letter.
The petition was adjudicated through the Nebraska Service Center with a premium processing upgrade.
#4: NIW in Medical Science
This NIW approval involved a Research Fellow, born in Iran and residing in the United States, who proposes to remain in the same employment. Filed in Medical Science, the applicant initially filed an EB-1B petition, followed by an NIW petition. The NIW has been approved, while the EB-1B has received a NOID from Officer XM1667.
The applicant held an M.D. degree in a non-STEM field and demonstrated a substantial scholarly record consisting of 13 publications and 133 citations, with peer-reviewed work published as recently as 2026. The NIW petition included 2 recommendation letters and no testimonial letters.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval in a non-STEM field despite a related EB-1B petition receiving a NOID.
#5: NIW in Epidemiology
This NIW approval involved a Ph.D. Student, born in China and residing in the United States, who proposes to work as a Postdoctoral Research Fellow in industry. Filed in Epidemiology, the petition received an RFE from the Texas Service Center before approval was ultimately secured.
The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 8 publications and 172 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without any supporting letters.
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 without recommendation or testimonial letters.
#6: NIW in Electrical and Computer Engineering
This NIW approval involved a Ph.D. Student (Graduate Student Research Assistant), born in Taiwan and residing in the United States, who proposes to work as a Postdoctoral Research Fellow. Filed in Electrical and Computer Engineering, the petition received an RFE from Officer XM2623 before approval was ultimately secured.
The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 5 publications and 16 citations, with peer-reviewed work published as recently as 2024. The initial filing included 4 recommendation letters and 1 testimonial letter, while 3 additional 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 a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review while 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.