8 I-140 Approvals After RFE or NOID on August 12, 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 may request additional documentation, clarification of the applicant’s qualifications, or a more persuasive explanation connecting the submitted evidence to the applicable immigration standard. Successfully navigating this stage requires an evidentiary record that remains organized, internally consistent, and directly responsive to the concerns raised during adjudication.
The following success stories highlight 8 I-140 approvals involving RFE or NOID review. These approvals include 1 EB-1A petition and 7 NIW petitions. Several cases involved circumstances that added complexity to adjudication, including a NOID issued after an RFE response, multiple service center transfers, and petitions supported by limited or no recommendation or testimonial letters.
Cases With Inherent Challenges
Escalated Review After an RFE Response
One petition progressed from an RFE to a NOID after the applicant submitted an RFE response. This additional level of scrutiny added complexity because the case needed to continue addressing the concerns raised during adjudication while also demonstrating that the applicant satisfied the eligibility requirements of the applicable immigration classification.
Multiple Service Center Transfers
Several petitions were transferred between the Nebraska Service Center and the Texas Service Center during adjudication. Such transfers add procedural complexity because the evidentiary record and legal arguments must remain clear and consistent throughout review at different adjudicating locations.
Limited or No Supporting Letters
Several approvals proceeded with relatively few recommendation or testimonial letters, while two petitions proceeded without any supporting letters. In these cases, objective evidence such as academic credentials, publication records, citation impact, and documented professional accomplishments assumed greater importance in establishing eligibility.
EB-1A Approval After RFE and NOID (1)
#1: EB-1A in Materials Science
This EB-1A approval involved an Assistant Professor, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Materials Science, the petition received an RFE from Officer XM1320 and subsequently received a NOID after the RFE response before approval was ultimately secured.
The applicant holds a STEM Ph.D. and demonstrated a scholarly profile consisting of 11 publications and 307 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
Notable: This approval is notable for securing EB-1A approval after the petition progressed from an RFE to a NOID following the RFE response.
NIW Approvals After RFE (7)
#2: NIW in Biomedical Science
This NIW approval involved a Postdoctoral Research Associate, born in Bangladesh and residing in the United States, who proposes to work as an Executive / Principal Researcher. Filed in Biomedical Science, the petition received an RFE from Officer XM2447 before approval was ultimately secured.
The applicant holds a STEM Ph.D. and demonstrated a scholarly record consisting of 15 publications and 156 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 4 recommendation letters and 1 testimonial letter.
The adjudication involved transfers from the Texas Service Center to the Nebraska Service Center and then back to the Texas 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.
#3: NIW in Chemical Engineering
This NIW approval involved a Process Engineer 4 in industry, born in Oman and residing in the United States, who proposes to continue in the same employment. Filed in Chemical Engineering, the petition received an RFE from the Texas Service Center before approval was ultimately secured.
The applicant holds a STEM Ph.D. and presented a scholarly profile consisting of 11 publications and 535 citations, with peer-reviewed work published as recently as 2024. 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 a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review while undergoing multiple service center transfers.
#4: NIW in Wireless Communications
This NIW approval involved a Ph.D. student (Graduate Student Researcher), born in Sri Lanka and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Wireless Communications, the petition received an RFE from the Texas Service Center before approval was ultimately secured.
The applicant holds a STEM master's degree and demonstrated a scholarly profile consisting of 4 publications and 28 citations, with peer-reviewed work published as recently as 2025. 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 upfront premium processing.
Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters while undergoing multiple service center transfers.
#5: NIW in Computer Science
This NIW approval involved a Ph.D. student (Research Assistant), born in India and residing in the United States, who proposes to work as a Research Scientist. Filed in Computer Science, the petition received an RFE from the Texas Service Center before approval was ultimately secured.
The applicant holds a STEM master's degree and demonstrated a scholarly record consisting of 5 publications and 112 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 Molecular Biomedicine
This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in Egypt and residing in the United States, who proposes to work as a Postdoctoral Research Fellow. Filed in Molecular Biomedicine, the petition received an RFE from Officer XM2367 before approval was ultimately secured.
The applicant holds a STEM master's degree and presented a scholarly profile consisting of 5 publications and 67 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 1 recommendation letter and 4 testimonial letters.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
#7: NIW in Biomedical Research
This NIW approval involved a Visiting Fellow, born in Chile and residing in the United States, who proposes to continue in the same employment. Filed in Biomedical Research, the petition received an RFE from Officer EX0625 before approval was ultimately secured.
The applicant holds a STEM Ph.D. and demonstrated a scholarly profile consisting of 7 publications and 177 citations, with peer-reviewed work published as recently as 2023. The filing proceeded without recommendation letters and was supported by 2 testimonial letters.
The adjudication involved transfers from the Texas Service Center to the Nebraska Service Center and then back to the Texas Service Center with upfront premium processing.
Notable: This approval is notable for securing NIW approval after RFE review while undergoing multiple service center transfers.
#8: NIW in Soil Science
This NIW approval involved a Postdoctoral Associate, born in Iran and residing in the United States, who proposes to continue in the same employment. Filed in Soil Science, the petition received an RFE from Officer EX5080 before approval was ultimately secured.
The applicant holds a STEM Ph.D. and demonstrated a scholarly record consisting of 10 publications and 262 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Nebraska 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 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.