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 11 I-140 approvals achieved after RFE review. These approvals include three EB-1A petitions and eight NIW petitions. Several cases involved multiple service center transfers between the Nebraska Service Center and the Texas Service Center, one refiled EB-1A petition following an earlier NOID and denial, and petitions adjudicated without premium processing after lengthy processing times. 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

Multiple Service Center Transfers

Several petitions were transferred between the Nebraska Service Center and the Texas Service Center during adjudication, with many moving more than once before approval. These transfers add procedural complexity because the evidentiary record must remain clear, persuasive, and consistent throughout review by different adjudicators.

Related Adverse Procedural History

One approval was secured through a refiled EB-1A petition after an earlier filing received a NOID and was denied. Such procedural histories require the subsequent filing to independently establish eligibility while directly addressing issues that arose during the earlier adjudication.

EB-1A Approvals After RFE or NOID (3)

#1: EB-1A in Machine Learning

This EB-1A approval involved a Member of Technical Staff in industry, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Machine Learning, the petition received an RFE from Officer XM1899 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a substantial scholarly profile consisting of 17 publications and 1,495 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 upfront premium processing.

Notable: This approval is notable for securing EB-1A approval after RFE review while undergoing multiple service center transfers.

#2: EB-1A in Higher Education Studies

This EB-1A approval involved a Ph.D. student, born in China and residing in the United States, who proposes to become a Postdoctoral Researcher. Filed in Higher Education Studies, the petition received an RFE from Officer XM1365 before approval was ultimately secured.

The applicant holds a Ph.D. and presented a scholarly profile consisting of 20 publications and 254 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-1A approval after RFE review in a non-STEM field while undergoing multiple service center transfers.

#3: EB-1A in Mechanical Engineering

This EB-1A approval involved an Infra Reliability Engineer in industry, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Mechanical Engineering, the applicant secured approval through a refiled EB-1A petition after the first EB-1A petition received a NOID from the Texas Service Center and was denied. The refiled petition later received an RFE from Officer EX0080 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a scholarly profile consisting of 15 publications and 161 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 6 recommendation letters and proceeded without 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 a premium processing upgrade.

Notable: This approval is notable for securing approval of a refiled EB-1A petition after RFE review, following the denial of the initial EB-1A petition after a NOID, while also undergoing multiple service center transfers.

NIW Approvals After RFE (8)

#4: NIW in Molecular Medicine

This NIW approval involved a Research Associate, born in South Korea and residing in the United States, who proposes to continue in the same employment. Filed in Molecular Medicine, the petition received an RFE from Officer XM2365 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a scholarly profile consisting of 10 publications and 587 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 without premium processing and was approved in 889 days.

#5: NIW in Applied Machine Learning

This NIW approval involved an Engineering Product Manager in industry, born in India and residing in the United States, who proposes to continue in the same employment. Filed in Applied Machine Learning, the petition received an RFE from Officer XM2359 before approval was ultimately secured.

The applicant holds a STEM master's degree and demonstrated a scholarly profile consisting of 11 publications and 452 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 1 recommendation letter and 1 testimonial letter.

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.

#6: NIW in Computer Engineering

This NIW approval involved a Ph.D. student, born in Nepal and residing in the United States, who proposes to become a Data Analyst in industry. Filed in Computer Engineering, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant holds a STEM master's degree and demonstrated a scholarly profile consisting of 10 publications and 168 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Nebraska Service Center with a premium processing upgrade.

#7: NIW in Biotechnology

This NIW approval involved a Ph.D. student, born in South Korea and residing in the United States, who proposes to become a Scientist in industry. Filed in Biotechnology, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant holds a STEM master's degree and presented a scholarly profile consisting of 6 publications and 122 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 2 recommendation letters and proceeded without 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 a premium processing upgrade.

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

#8: NIW in Artificial Intelligence

This NIW approval involved a Ph.D. student, born in Bangladesh and residing in the United States, who proposes to become an Assistant Professor. Filed in Artificial Intelligence, the petition received an RFE from Officer XM1984 before approval was ultimately secured.

The applicant holds a STEM master's degree and demonstrated a scholarly profile consisting of 4 publications and 57 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Texas Service Center with a premium processing upgrade.

#9: NIW in Computer Science

This NIW approval involved an Assistant Professor, born in Iran and residing in the United States, who proposes to continue in the same employment. Filed in Computer Science, the petition received an RFE from Officer XM2382 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a scholarly profile consisting of 8 publications and 56 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 transferred from the Nebraska Service Center to the Texas Service Center without premium processing and was approved in 929 days.

#10: NIW in Aerospace Engineering

This NIW approval involved a Senior Research Associate, born in the United Kingdom and residing in the United States, who proposes to continue in the same employment. Filed in Aerospace Engineering, the petition received an RFE from Officer XM2420 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a scholarly profile consisting of 8 publications and 34 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without recommendation letters and was supported by 2 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.

#11: NIW in Artificial Intelligence

This NIW approval involved a Ph.D. student, born in Egypt and residing in the United States, who proposes to become a Senior Research Scientist. Filed in Artificial Intelligence, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant holds a STEM master's degree and presented a scholarly profile consisting of 5 publications and 41 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.