A Request for Evidence (RFE) or Notice of Intent to Deny (NOID) is not the end of a case. It is often a sign of adjudication complexity, where the officer is testing whether the record clearly satisfies the legal standard and whether the evidence is organized in a way that supports each required element without gaps. The following four success stories are I-140 petitions that faced heightened scrutiny through an RFE or NOID but were ultimately approved.

Cases With Inherent Challenges

RFE and NOID scrutiny tied to officer review

These cases in this batch were reviewed under an RFE or NOID issued by a specific officer identifier (for example, XM2115, XM1986, and XM2365). When a case receives this level of targeted scrutiny, the response typically must do more than add documents. It must directly address the officer’s concerns and reframe the evidentiary record so the approval standard is satisfied in a clear, step-by-step way.

Long non-premium timelines and service center transfers

This set also includes cases that moved through multiple service centers and one that remained in regular processing for a long period. Transfers and long timelines frequently correlate with closer review and procedural complexity, which makes the structure and consistency of the record especially important when responding to an RFE.

Low citation volume and early-career positioning

At least one NIW approval in this group involved modest citation counts relative to typical NIW expectations, and another involved an early-career profile transitioning into a postdoctoral role. In these scenarios, the response often needs to connect the proposed endeavor to clear U.S. benefit while also showing credible momentum through publications, recent activity, and other objective indicators.

EB-1B Approval After NOID (1)

#1: EB-1B in Analytical Chemistry

Our client, born in Canada and currently residing in the United States, is a full professor continuing in the same employment. The petition was approved under EB-1B in Analytical Chemistry after the case received a NOID issued by officer XM2115.

At the time of filing, the applicant had 10 publications and 111 citations, with the latest peer-reviewed publication year listed as 2023, and held a Ph.D. in a STEM field.

This case also reflects procedural complexity in the adjudication path. The petition moved from NSC to TSC and then returned to NSC, and it proceeded with a premium processing upgrade strategy. The evidentiary record included 4 recommendation letters and no testimonial letters, supporting the case presentation through external expert assessment, while the response addressed the heightened concerns reflected by the NOID.

Notable: The case received a NOID from officer XM2115 and was transferred from NSC to TSC and then back to NSC before approval.

NIW Approvals After RFE (3)

#2: NIW in Ecology and Agriculture

Our client, born in Nepal and currently residing in the United States, is a Postdoctoral Research Associate transitioning to an Assistant Professor role. The NIW petition in Ecology and Agriculture was approved after receiving an RFE issued by officer XM1986.

At the time of submission of the petition, the applicant had 3 publications and 31 citations, with the latest peer-reviewed publication year listed as 2023, and a Ph.D. in a STEM field.

This case proceeded with a premium processing upgrade and experienced service center transfers, moving from NSC to TSC and then back to NSC. With no recommendation letters or testimonial letters listed, the response needed to rely on the documentary record itself to clarify the proposed endeavor and show that the petitioner’s trajectory and evidence met the NIW framework despite the RFE.

Notable: The case received an RFE and was transferred from NSC to TSC and back to NSC before approval, without any recommendation or testimonial letters.

#3: NIW in Cancer Immunology

Our client, born in Romania and currently residing in the United States, is a Ph.D. candidate moving into a Postdoctoral Associate position. The NIW petition in Cancer Immunology was approved after receiving an RFE issued by officer XM2365.

At the time of filing, the applicant held an M.Sc., had 8 publications and 178 citations, and the latest peer-reviewed publication year was listed as 2024.

Unlike many RFE cases that shift into premium processing, this petition remained in non-premium processing with a processing time of 760 days. The petition was supported by 4 recommendation letters and no testimonial letters, thereby offering independent expert validation.

Notable: The case shows an RFE from officer XM2365 and an approval after 760 days in non-premium processing.

#4: NIW in Cancer Biology

Our client, born in Sri Lanka and currently residing in the United States, is a Research Fellow continuing in the same employment. The NIW petition in Cancer Biology was approved after receiving an RFE issued by officer XM1986.

At filing, the applicant had 18 publications and 18 citations, with the latest peer-reviewed publication year listed as 2024, and a Ph.D. in a STEM field.

This case proceeded at TSC with a premium processing upgrade and included no recommendation letters or testimonial letters. Where citation volume is modest relative to publication count, an RFE response often needs to present the evidence in a way that makes the national importance and the applicant’s positioning easy to follow, relying on the documented record to show why the work warrants a waiver of the labor certification requirement.

Notable: The case received an RFE from officer XM1986 and was approved with a premium processing upgrade at TSC despite no recommendation or testimonial letters.

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North America Immigration Law Group (Chen Immigration Law Associates) is a U.S. immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 U.S. states regarding I-140 immigration petitions. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: EB2-NIW (National Interest Waiver), EB1-A (Alien of Extraordinary Ability), EB1-B (Outstanding Researcher/Professor) and O-1 (Alien of Extraordinary Ability).

Our Sixty-four Thousand I-140 Approvals Provide Unprecedented Insight into the USCIS Adjudication Trend

With nearly 64,000 EB-1A, EB-1B, EB-2 NIW and O-1 cases approved, we have first hand information on the manner in which the USCIS adjudicate I-140 cases. As the USCIS has constantly changed its adjudication standards for the EB-1A, EB-1B and EB-2 NIW categories, our firm's huge database of successful cases gives you unprecedented insight to USCIS adjudication trends. We carefully analyze the data for all of our cases and apply the results of our analyses toward giving our clients up-to-date advice and adapting our strategies such that we remain on par with the ever-shifting landscape of immigration law in the U.S. With us, you will always have access to important updates, strategies, and information so that you can make the most informed decisions about your case.

We Have Helped Tens of Thousands of Clients with Credentials and Backgrounds Similar to Yours

With our exceedingly large number of successful petitions, no matter what credentials you have, no matter your background and field of expertise, no matter your visa status or nationality, chances are we have helped hundreds or even thousands of clients just like you. Our clients are usually impressed with how well we understand their research and work. Our insight and understanding stems from the fact that we have handled many cases with elements similar to yours already, and this helps us devise the best strategies for each individual petition.

Vast Majority of Clients Came to Us Because of Referrals

For years, our firm has attracted new clients based solely on word of mouth, recommendations, and the positive collaboration experiences shared with them by their friends and family. We take pride in our reputation and work hard to ensure that we provide a green card application experience that our clients are happy to share with their friends and colleagues. That is how our cumulative total of approved cases grew from 600 in 2013 to nearly 64,000 in 2025.

Track Record of Success EB-1 and NIW Approvals

(2020.01 - 2024.12)

Category	Approval or Refund^®		Approval or Refiling^TM
Category	Approved Sum	Success Rate	Approved Sum	Success Rate
NIW	28,946	99.52%	3,030	98.31%
EB1A	4,322	91.76%	2,870	88.91%
EB1B	793	98.51%	236	90.77%
Total	34,061	98.44%	6,136	93.39%