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, NOID history, or prior adverse procedural history. These approvals include four EB-1A petitions, one EB-1B petition, and six NIW petitions. Several cases involved multiple service center transfers, applicants residing outside the United States, files compiled with zero testimonial letters, and records that required careful presentation due to non-STEM positioning or prior petition withdrawals. 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 approvals involved petitions transferred multiple times between the Nebraska Service Center and the Texas Service Center before final adjudication. Such procedural movement adds complexity because the petition must remain persuasive and internally consistent across different adjudicative environments and changing officer perspectives.

Prior Adverse History and Refiled Petitions

Navigating a petition after an adverse procedural action, such as a prior withdrawal following an RFE or a file that receives both a NOID and a subsequent RFE, introduces additional administrative scrutiny. The response or refiled petition must independently establish eligibility while directly addressing the concerns raised during earlier stages of review.

Limited or No Supporting Letters

Multiple approvals proceeded with limited testimonial support, and several petitions were filed without recommendation letters, testimonial letters, or both. In these circumstances, the petition must rely more heavily on objective indicators such as publication record, citation history, peer-reviewed scholarship, and the applicant's documented expertise.

EB-1A Approvals After RFE or NOID (4)

#1: EB-1A in Molecular Biology

This EB-1A approval involved an Instructor, born in Brazil and residing in the United States, who proposes to continue in the same employment. Filed in Molecular Biology, the petition received an RFE from Officer EX5113 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a strong scholarly profile consisting of 29 publications and 435 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 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 an EB-1A approval after RFE review while undergoing multiple service center transfers.

#2: EB-1A in Mechanical Engineering

This EB-1A approval involved an Assistant Teaching Professor, born in India and residing in the United States, who proposes to continue in the same role. Filed in Mechanical Engineering, the petition received a NOID from the Texas Service Center before approval was ultimately achieved.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 46 publications and 963 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 2 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 a NOID while undergoing multiple service center transfers.

#3: EB-1A in Atmospheric Science

This EB-1A approval involved a Research Scientist, born in China and residing in the United States, who proposes to work as an Atmospheric Scientist. Filed in Atmospheric Science, the petition received an RFE from Officer XM2011 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 12 publications and 238 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.

#4: EB-1A in Artificial Intelligence

This EB-1A approval involved a Researcher in industry, born and residing in China, who proposes to work as an Artificial Intelligence / Machine Learning - Machine Learning Researcher, Foundation Models in industry. Filed in Artificial Intelligence, the applicant secured approval through a refiled EB-1A petition after the first EB-1A petition received an RFE from Officer EX0242 and was withdrawn.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 12 publications and 911 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 7 recommendation letters and proceeded without testimonial letters.

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

Notable: This approval is notable for securing EB-1A approval through a refiled petition after the first EB-1A filing received an RFE and was withdrawn, while the applicant was residing outside the United States.

EB-1B Approvals After RFE or NOID (1)

#5: EB-1B in Medical Studies

This EB-1B approval involved an Assistant Research Professor, born in Iran and residing in the United States, who proposes to continue in the same employment. Filed in Medical Studies, the petition received a NOID from Officer EX0641 and received an RFE from Officer XM2004 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 7 publications and 97 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 2 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 receiving both a NOID and an RFE while undergoing multiple service center transfers.

NIW Approvals After RFE (6)

#6: NIW in Analytical Chemistry

This NIW approval involved a Ph.D. student, born in Iran and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Analytical Chemistry, the petition received an RFE from Officer EX0303 before approval was ultimately achieved.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 5 publications and 32 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 3 recommendation letters and 4 testimonial letters.

The case was transferred 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.

#7: NIW in Electrochemistry

This NIW approval involved a Postdoctoral Researcher, born in Bangladesh and residing in the United States, who proposes to continue in the same role. Filed in Electrochemistry, the petition received an RFE from Officer XM2164 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 18 publications and 500 citations, with peer-reviewed work published as recently as 2023. 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 RFE review without recommendation or testimonial letters.

#8: NIW in Physics

This NIW approval involved a Postdoctoral Fellow, born in Iran and residing in the United States, who proposes to continue in the same employment. Filed in Physics, the petition received an RFE from Officer XM2420 before approval was ultimately achieved.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 7 publications and 44 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 Texas Service Center with a premium processing upgrade.

#9: NIW in Neurology

This NIW approval involved a Visiting Scientist, born in Iran and residing in the United States, who proposes to work as a Scientist. Filed in Neurology, the petition received an RFE from Officer XM2582 before approval was ultimately secured.

The applicant held an M.D. degree and presented a scholarly profile consisting of 16 publications and 670 citations, with peer-reviewed work published as recently as 2023. 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 RFE review in a non-STEM field and without recommendation or testimonial letters.

#10: NIW in Artificial Intelligence

This NIW approval involved a Postdoctoral Research Associate, born in Iran and residing in the United States, who proposes to continue in the same role. Filed in Artificial Intelligence, the petition received an RFE from Officer XM2366 before approval was ultimately achieved.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 12 publications and 77 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The case was transferred 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 while undergoing multiple service center transfers.

#11: NIW in Cardiovascular Medicine

This NIW approval involved a Resident Physician, born in Pakistan and residing in the United States, who proposes to continue in the same employment. Filed in Cardiovascular Medicine, the petition received an RFE from Officer XM2175 before approval was ultimately secured.

The applicant held an MBBS degree and presented a scholarly profile consisting of 24 publications and 56 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without recommendation letters and was supported by 2 testimonial letters.

The case was transferred 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 in a non-STEM field while undergoing multiple service center transfers.