A Request for Evidence (RFE) or Notice of Intent to Deny (NOID) can represent one of the more demanding stages of adjudication in the employment-based immigration process. When USCIS issues an RFE, a petition undergoes additional scrutiny, and further evidence or clarification may be requested regarding the applicant’s qualifications and eligibility under the applicable immigration standard. A NOID can present an additional adjudicative challenge by notifying an applicant that USCIS intends to deny a petition unless the identified concerns are adequately addressed. Successfully navigating heightened review requires an evidentiary record that remains organized, internally consistent, and directly responsive to the concerns raised during adjudication.

The following success stories highlight 14 I-140 approvals after RFE review or NOID, consisting of 5 EB-1A approvals and 9 NIW approvals. Several cases presented circumstances that added complexity to adjudication, including a prior petition receiving a NOID and being withdrawn, earlier petition denials, multiple service center transfers, a non-STEM academic background, applicants with relatively modest scholarly records, and petitions initially filed without recommendation or testimonial letters.

Cases With Inherent Challenges

Related Adverse Adjudication Histories

Two approvals involved applicants with prior adverse adjudication histories. One EB-1A applicant had an initial petition that received a NOID and was withdrawn, followed by a second petition that received an RFE and was denied before a refiled petition ultimately secured approval after another RFE. Another applicant secured NIW approval after RFE review despite a related EB-1A petition having received an RFE and been denied. These circumstances added procedural complexity because the subsequent petitions needed to independently demonstrate eligibility under the applicable immigration standards despite earlier unfavorable outcomes.

Multiple Service Center Transfers

Several petitions underwent multiple transfers between the Nebraska Service Center and the Texas Service Center during adjudication. Such procedural movement can add administrative complexity because the evidentiary record must remain clearly organized and internally consistent throughout review across different service center operations.

EB-1A Approvals After RFE or NOID (5)

#1: EB-1A in Biostatistics

This EB-1A approval involved a Visiting Associate (Mathematical Statistician) in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Biostatistics, the petition received an RFE from Officer XM1982 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 9 publications and 138 citations, with peer-reviewed work published as recently as 2026. The initial filing included 4 recommendation letters and no testimonial letters, while 6 additional recommendation letters were submitted as part of the RFE response.

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

#2: EB-1A in Systems Neuroscience

This EB-1A approval involved an Assistant Research Scientist in industry, born in Hungary and residing in the United States, who proposes to remain in the same role. Filed in Systems Neuroscience, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 7 publications and 1,026 citations, with peer-reviewed work published as recently as 2025. The initial filing included 2 recommendation letters and no testimonial letters, while 3 additional recommendation letters were submitted with the RFE response.

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

#3: EB-1A in Pediatric Oncology

This EB-1A approval involved a Scientist-I, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Pediatric Oncology, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a Ph.D. and demonstrated a substantial scholarly record consisting of 18 publications and 407 citations, with peer-reviewed work published as recently as 2025. The initial filing included 6 recommendation letters and no testimonial letters, while 3 additional recommendation letters were submitted as part of the RFE response.

The petition underwent 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 EB-1A approval after RFE review in a non-STEM field while undergoing multiple service center transfers.

#4: EB-1A in Artificial Intelligence-Driven Cloud System Engineering

This EB-1A approval involved a Group Application Manager-Senior in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Artificial Intelligence-Driven Cloud System Engineering, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 12 publications and 33 citations, with peer-reviewed work published as recently as 2026. The initial filing included 4 recommendation letters and 1 testimonial letter, while 4 additional recommendation letters were submitted with the RFE response.

The petition was transferred from the Texas Service Center to the Nebraska Service Center with upfront premium processing.

#5: EB-1A in Artificial Intelligence

This EB-1A approval involved a Ph.D. Student, born in China and residing in the United States, who proposes to work as a Research Scientist in industry. Filed in Artificial Intelligence, the applicant initially submitted an EB-1A petition that received a NOID from Officer XM1291 and was later withdrawn. A second EB-1A petition received an RFE from Officer XM0034 and was subsequently denied, while a refiled petition received another RFE from Officer XM1443 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a substantial scholarly record consisting of 15 publications and 3,783 citations, with peer-reviewed work published as recently as 2026. The initial filing included 6 recommendation letters and no testimonial letters, while 2 additional recommendation letters were submitted as part of the RFE response.

The petition underwent 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 EB-1A approval through a refiled petition after RFE review and multiple service center transfers, following an initial petition that received a NOID and was withdrawn and a second petition that received an RFE and was denied.

NIW Approvals After RFE (9)

#6: NIW in Physics

This NIW approval involved a Postdoctoral Research Fellow, born in Sri Lanka and residing in the United States, who proposes to remain in the same employment. Filed in Physics, the petition received an RFE from Officer XM1911 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 26 publications and 4,418 citations, with peer-reviewed work published as recently as 2025. The filing included 2 recommendation letters and no testimonial letters.

The petition was transferred from the Nebraska Service Center to the Texas Service Center with a premium processing upgrade.

#7: NIW in Materials Science

This NIW approval involved a Research Assistant, born in China and residing in the United States, who proposes to work as a Senior MRI Clinical Scientist in industry. Filed in Materials Science, the petition received an RFE from Officer XM2229 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 8 publications and 93 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 4 recommendation letters and 1 additional testimonial letter were submitted as part of the RFE response.

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

#8: NIW in Computer Science

This NIW approval involved a Software Engineer - Artificial Intelligence & Business Analytics in industry, born in South Korea and residing in the United States, who proposes to remain in the same employment. Filed in Computer Science, the petition received an RFE from Officer XM2556 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 6 publications and 375 citations, with peer-reviewed work published as recently as 2026. The initial petition proceeded without any supporting letters, while 2 recommendation letters and 1 testimonial letter were submitted as part of the RFE response.

The petition underwent 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.

#9: NIW in Computer Science

This NIW approval involved a Software Development Engineer in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Computer Science, the petition received an RFE from Officer TSC1951 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 13 publications and 25 citations, with peer-reviewed work published as recently as 2026. The initial filing proceeded without recommendation letters and included 1 testimonial letter, while 3 recommendation letters and 1 testimonial letter were submitted with the RFE response.

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

#10: NIW in Electrical Engineering

This NIW approval involved a Ph.D. Student (Research Assistant), born in Bangladesh and residing in the United States, who proposes to work as a Research Scientist in industry. Filed in Electrical Engineering, the petition received an RFE from Officer XM2420 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 6 publications and 49 citations, with peer-reviewed work published as recently as 2023. The initial petition proceeded without any supporting letters, while 4 recommendation letters were submitted as part of the RFE response.

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

#11: NIW in Computer Science

This NIW approval involved a Machine Learning Engineer in industry, born in Bangladesh and residing in the United States, who proposes to work as an Artificial Intelligence/Machine Learning Scientist in industry. Filed in Computer Science, the petition received an RFE from Officer XM1926 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 11 publications and 141 citations, with peer-reviewed work published as recently as 2025. The initial filing included 2 recommendation letters and no testimonial letters, while 4 additional recommendation letters were submitted with the RFE response.

The petition was transferred from the Nebraska Service Center to the Texas Service Center with a premium processing upgrade.

#12: NIW in Civil Engineering

This NIW approval involved an Engineer Intern 1 in industry, born in Ghana and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Civil Engineering, the applicant initially filed an NIW petition, followed by an EB-1A petition. The EB-1A has received an RFE from Officer XM1475 and was denied, while the NIW has received an RFE from Officer EX5177 before approval was ultimately granted.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 5 publications and 68 citations, with peer-reviewed work published as recently as 2023. The initial filing included 4 recommendation letters and no testimonial letters, while 2 additional recommendation letters were submitted as part of the RFE response.

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

Notable: This approval is notable for securing NIW approval after RFE review despite a related EB-1A petition receiving an RFE and being denied.

#13: NIW in Electrical Engineering

This NIW approval involved an Advanced Magnetic Media Physics Research Engineering Summer Intern in industry, born in Bangladesh and residing in the United States, who proposes to work as an R&D Engineer in industry. Filed in Electrical Engineering, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 10 publications and 36 citations, with peer-reviewed work published as recently as 2023. The initial filing included 2 recommendation letters and no testimonial letters, while 4 additional recommendation letters and 1 testimonial letter were submitted with the RFE response.

The petition underwent 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.

#14: NIW in Mechanical Engineering

This NIW approval involved a Ph.D. Student (Graduate Teaching Assistant), born in Pakistan and residing in the United States, who proposes to work as a Postdoctoral Researcher in industry. Filed in Mechanical Engineering, the petition received an RFE from Officer XM1320 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 5 publications and 76 citations, with peer-reviewed work published as recently as 2025. The filing included 1 recommendation letter and 1 testimonial letter.

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