8 Approvals After RFE or NOID on July 13, 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. When USCIS issues an RFE or NOID, the petition enters a heightened level of review in which the adjudicating officer seeks additional clarification, stronger evidentiary support, or a more persuasive explanation connecting the applicant's accomplishments to the applicable immigration standard. Successfully navigating this stage requires a record that remains organized, internally consistent, and directly responsive to the concerns raised during adjudication.
The following success stories highlight eight approvals achieved after RFE review, NOID history, prior denial, or other adverse procedural history. These approvals include one EB-1A petition, one EB-1B petition, five NIW petitions, and one O-1A petition. Several cases involved refiled petitions following earlier denials, multiple service center transfers between the Nebraska Service Center and the Texas Service Center, and petitions filed without recommendation letters or testimonial letters. Together, they demonstrate that favorable outcomes remain achievable when the evidentiary record remains coherent, responsive, and aligned with the applicable legal standard.
Cases With Inherent Challenges
Prior Denials and Related Immigration Filings
Some approvals involved related petitions that had previously received RFEs and were denied. These procedural histories required the later filing to independently establish eligibility despite earlier adverse outcomes, demonstrating that each petition is adjudicated on its own evidentiary merits.
Multiple Service Center Transfers
Several petitions were transferred between the Nebraska Service Center and the Texas Service Center during adjudication. These transfers add procedural complexity because the evidentiary record must remain clear, persuasive, and consistent throughout review by different adjudicators.
Limited or No Supporting Letters
Several approvals proceeded with few or no recommendation letters and testimonial letters. In these circumstances, the petition necessarily relied more heavily on objective evidence, including scholarly publications, citation impact, and documented professional accomplishments.
EB-1A Approval After NOID (1)
#1: EB-1A in Agricultural Engineering
This EB-1A approval involved a Postdoctoral Scholar, born in China and residing in the United States, who proposes to work as an Agricultural Engineer. Filed in Agricultural Engineering, the petition received a NOID from Officer XM1671 before approval was ultimately secured.
The applicant holds a STEM Ph.D. and demonstrated a strong scholarly profile consisting of 17 publications and 581 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 6 recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
EB-1B Approval After NOID (1)
#2: EB-1B in Electrical Engineering
This EB-1B approval involved a Member, Technical Staff in industry, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Electrical Engineering, the petition received a NOID from Officer XM1671 before approval was ultimately secured.
The applicant holds a STEM Ph.D. and presented a scholarly record consisting of 12 publications and 157 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 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-1B approval after a NOID while undergoing multiple service center transfers.
NIW Approvals After RFE or NOID (5)
#3: NIW in Electronics Engineering
This NIW approval involved a Ph.D. student, born in Egypt and residing in the United States, who proposes to become a Postdoctoral Researcher. Filed in Electronics Engineering, the applicant initially filed an NIW petition, followed by an EB1A petition. The NIW has been approved, while the EB1A received an RFE from Officer EX0002 and was denied.
The applicant holds a STEM master's degree and demonstrated a substantial scholarly profile consisting of 35 publications and 417 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 2 recommendation letters and 2 testimonial letters.
The petition was adjudicated through the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after a related EB-1A petition received an RFE review and was denied.
#4: NIW in Mechanical Engineering
This NIW approval involved an Assistant Professor, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Mechanical Engineering, the applicant initially filed an NIW petition, followed by an EB1B petition. The NIW has been approved, while the EB1B has received a NOID from the Texas Service Center and remains pending.
The applicant holds a STEM Ph.D. and presented a scholarly profile consisting of 10 publications and 94 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without any supporting letters.
The petition was adjudicated through the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval without recommendation or testimonial letters while a related EB-1B petition remained pending after receiving a NOID.
#5: NIW in Computer Engineering
This NIW approval involved a Ph.D. student, born in China and residing in the United States, who proposes to become a Research Scientist in industry. Filed in Computer Engineering, the petition received an RFE from Officer XM2265 before approval was ultimately secured.
The applicant holds a STEM Ph.D. and demonstrated a scholarly profile consisting of 3 publications and 378 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without any supporting letters.
The adjudication involved 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 undergoing multiple service center transfers.
#6: NIW in Advanced Computing
This NIW approval involved a Senior Research Software Develop Engineer in industry, born in China and residing in the United States, who proposes to work as a Researcher in industry. Filed in Advanced Computing, the petition first received an RFE from Officer XM2541 and later received a second RFE from the Texas Service Center after upgrading to premium processing before approval was ultimately secured.
The applicant holds a STEM master's degree and presented a scholarly record consisting of 4 publications and 400 citations, with peer-reviewed work published as recently as 2020. 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 receiving two separate RFEs during the adjudication process without recommendation and testimonial letters.
#7: NIW in Cardiology
This NIW approval involved an Internal Medicine Resident, born in Turkey and residing in the United States, who proposes to become an Interventional Cardiology Fellow. Filed in Cardiology, the applicant secured approval through a refiled NIW petition after the first NIW petition received an RFE from Officer XM2514 and was denied.
The applicant holds an M.D. degree and demonstrated an extensive scholarly profile consisting of 64 publications and 408 citations, with peer-reviewed work published as recently as 2026. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Texas Service Center with upfront premium processing.
Notable: This approval is notable for securing NIW approval in a non-STEM field through a refiled petition after the first NIW petition received an RFE and was denied.
O-1A Approval After RFE (1)
#8: O-1A in Analytical Chemistry
This O-1A approval involved a Senior Scientist in industry, born in Iran and residing in the United States, who proposes to continue in the same employment. Filed in Analytical Chemistry, the petition received an RFE from Officer AA0829 before approval was ultimately secured.
The applicant holds a STEM Ph.D. and demonstrated a scholarly profile consisting of 14 publications and 159 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the California 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.