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 13 I-140 approvals achieved after RFE review. These approvals include 3 EB-1A petitions and 10 NIW petitions. The cases reflect a range of adjudication challenges, including multiple service center transfers, adverse procedural histories, applicants residing outside the United States, and petitions supported by limited or no recommendation letters or testimonial letters. 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. These transfers add procedural complexity because the evidentiary record must remain clear, persuasive, and consistent throughout review by different adjudicators.

Limited or No Supporting Letters

Several approvals proceeded with few or no recommendation letters or testimonial letters, including multiple petitions supported entirely by objective documentary evidence. In these circumstances, the petition necessarily relied more heavily on scholarly publications, citation impact, and documented professional accomplishments to establish eligibility.

Related Adverse Procedural History

Some approvals involved procedural developments beyond a standard RFE, including a petition that was approved after an RFE, denial, and successful Form I-290B, as well as a petition that received multiple RFEs during adjudication before approval was ultimately secured. Such procedural histories require the subsequent adjudication to independently establish eligibility while directly addressing issues that arose during earlier stages of review.

EB-1A Approvals After RFE (3)

#1: EB-1A in Heating, Ventilation, and Air Conditioning (HVAC) Engineering

This EB-1A approval involved a Senior Mechanical Engineer, born in China and residing in the United States, who proposes to continue in the same employment. Filed in HVAC Engineering, the petition received an RFE from Officer XM1969 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a substantial scholarly profile consisting of 36 publications and 2,548 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 Texas Service Center with upfront premium processing.

#2: EB-1A in Biochemistry

This EB-1A approval involved a Senior Scientist, Aging Biology in industry, born in India and residing in the United States, who proposes to continue in the same employment. Filed in Biochemistry, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a strong scholarly profile consisting of 14 publications and 846 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 6 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.

#3: EB-1A in Nonlinear Spectroscopy

This EB-1A approval involved a Postdoctoral Scholar, born in Taiwan and residing in the United States, who proposes to continue in the same employment. Filed in Nonlinear Spectroscopy, the petition received an RFE from Officer XM1317 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a substantial scholarly profile consisting of 33 publications and 1,401 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 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. 

NIW Approvals After RFE or NOID (10)

#4: NIW in Computer Science

This NIW approval involved a Tenure-Track Assistant Professor, born in China 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 XM2043 before being denied and was subsequently approved after the applicant submitted Form I-290B.

The applicant holds a STEM Ph.D. and demonstrated a scholarly profile consisting of 14 publications and 416 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 Texas Service Center with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after an RFE, an initial denial, and a successful Form I-290B.

#5: NIW in Gastrointestinal Metabolic Nutrition

This NIW approval involved a Research Scientist, born in Iran and residing in Australia, who proposes to continue in the same employment. Filed in Gastrointestinal Metabolic Nutrition, the petition received an RFE from Officer EX0285 before approval was ultimately secured.

The applicant holds an M.D. degree and presented a scholarly profile consisting of 10 publications and 35 citations, with peer-reviewed work published as recently as 2022. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Nebraska Service Center without premium processing and was approved in 980 days.

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.

#6: NIW in Biomechanics

This NIW approval involved an Assistant Professor of Exercise, Sport & Movement Sciences, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Biomechanics, the petition received an RFE from Officer XM1989 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a scholarly profile consisting of 8 publications and 218 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.

#7: NIW in Molecular Biophysics

This NIW approval involved a Postdoctoral Associate, born in India and residing in the United States, who proposes to continue in the same employment. Filed in Molecular Biophysics, the petition received an RFE from Officer XM1989 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and presented a scholarly profile consisting of 4 publications and 47 citations, with peer-reviewed work published as recently as 2022. The filing proceeded without recommendation letters and was supported by 2 testimonial letters.

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

#8: NIW in Biomedical Engineering

This NIW approval involved a Researcher in Biomedical Engineering, born in Bangladesh and residing in the United States, who proposes to become an Assistant Professor. Filed in Biomedical Engineering, the petition received a NOID from the Nebraska Service Center before approval was ultimately secured.

The applicant did not hold an advanced degree and qualified through the exceptional ability pathway. At filing, the applicant demonstrated a scholarly profile consisting of 4 publications and 469 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without any supporting letters.

The petition was adjudicated through the Nebraska Service Center.

Notable: This approval is notable for securing NIW approval after a NOID through the exceptional ability pathway without recommendation or testimonial letters.

#9: NIW in Materials Science

This NIW approval involved a Postdoctoral Appointee, born in Ethiopia 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 XM2055 before approval was ultimately secured.

The applicant demonstrated a scholarly profile consisting of 14 publications and 467 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.

#10: NIW in Computational Chemistry

This NIW approval involved a Ph.D. candidate, born in Turkey and residing in the United States, who proposes to work as a Research Associate–Fixed Term. Filed in Computational Chemistry, the petition received an RFE from Officer XM2259 before approval was ultimately secured.

The applicant holds a STEM master's degree and demonstrated a scholarly profile consisting of 4 publications and 60 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without recommendation letters and was supported by 4 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 while undergoing multiple service center transfers.

#11: NIW in Pharmacology

This NIW approval involved a Scientist I, Pharmacology/Toxicology in industry, born in Taiwan and residing in the United States, who proposes to continue in the same employment. Filed in Pharmacology, the petition received an RFE from Officer XM2417 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and presented a scholarly profile consisting of 5 publications and 37 citations, with peer-reviewed work published as recently as 2025. 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.

#12: NIW in Data Privacy

This NIW approval involved a Ph.D. candidate, born in China and residing in the United States, who proposes to become a Project Scientist. Filed in Data Privacy, the applicant initially filed an NIW petition, followed by an EB-1A petition. The EB-1A received an RFE from Officer XM1728, while the NIW received an RFE from Officer XM2097 and a second RFE from the same officer after upgrading to premium processing before approval was ultimately secured.

The applicant holds a STEM master's degree and demonstrated a scholarly profile consisting of 8 publications and 287 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 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 multiple RFE reviews and multiple service center transfers while a related EB-1A petition also received an RFE. 

#13: NIW in Performance Management

This NIW approval involved a Head of International Collaboration, born in Iran and residing in Malaysia, who proposes to work as a Lecturer. Filed in Performance Management, the petition received an RFE from Officer XM1360 before approval was ultimately secured.

The applicant holds a Ph.D. and demonstrated a scholarly profile consisting of 15 publications and 44 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 without premium processing and was approved in 896 days.

Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters while the applicant was residing outside the United States.