A Request for Evidence (RFE) signals that USCIS has identified issues requiring additional documentation or clarification before reaching a final decision on an employment-based petition. In some cases, adjudication may progress to an even more demanding stage, such as a Notice of Intent to Deny (NOID). Responding effectively requires the petition record to remain coherent, responsive to the officer’s concerns, and sufficiently supported under the applicable legal standard.

The following success stories highlight 4 I-140 approvals secured after additional USCIS scrutiny, including 1 EB-1A petition and 3 NIW petitions. Several cases involved circumstances that added complexity to adjudication, including a NOID, applicants with non-STEM academic backgrounds, residence outside the United States, limited supporting letters, and multiple transfers between service centers.

Cases With Inherent Challenges

Notice of Intent to Deny

One EB-1A petition received a Notice of Intent to Deny (NOID) before ultimately being approved. A NOID presents heightened adjudicatory difficulty because USCIS has preliminarily identified grounds that could support denial, requiring the record to address those concerns while continuing to establish eligibility under the EB-1A standard.

Multiple Service Center Transfers

Three of the four approved petitions were transferred between the Nebraska Service Center and the Texas Service Center before final adjudication. Multiple transfers can add procedural complexity because the underlying evidentiary record must remain clear, internally consistent, and readily reviewable as the petition moves through different service center operations.

EB-1A Approval After NOID (1)

#1: EB-1A in Neuroscience

This EB-1A approval involved a Research Specialist I, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Life Sciences, the petition received a Notice of Intent to Deny from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 13 publications and 406 citations, with peer-reviewed work published as recently as 2026. The filing was supported by 5 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-1A approval after NOID while undergoing multiple service center transfers.

NIW Approvals After RFE (3)

#2: NIW in Medicine

This NIW approval involved a Hospitalist, born in Egypt and residing in the United States, who proposes to remain in the same employment. Filed in Medicine, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held an M.B.B.S. and demonstrated a scholarly record consisting of 4 publications and 574 citations. The applicant’s most recent peer-reviewed publication was published in 2024, and the petition was supported by 2 recommendation letters and 1 testimonial letter.

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 in a non-STEM field.

#3: NIW in Molecular Biology

This NIW approval involved a Research Fellow, born in Bangladesh and residing in the United States, who proposes to remain in the same employment. Filed in Molecular Biology, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and had published 5 publications that had accumulated 33 citations. The most recent peer-reviewed publication was from 2019, and the petition was supported by 2 recommendation letters 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 upgraded premium processing.

Notable: This approval is notable for securing NIW approval after RFE review while undergoing multiple service center transfers.

#4: NIW in Medical Artificial Intelligence

This NIW approval involved a Research Fellow, born and residing in the Republic of Korea, who proposes to remain in the same employment. Filed in Medical Artificial Intelligence, the petition received an RFE from Officer XM1884 before approval was ultimately secured.

The applicant held an M.D. and demonstrated a scholarly record consisting of 9 publications and 117 citations. The most recent peer-reviewed work was published in 2025, and the petition was supported by 4 recommendation letters 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 NIW approval after RFE review in a non-STEM field while the applicant was residing outside the United States and undergoing multiple service center transfers.