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 2 NIW I-140 approvals involving an RFE or a related adverse petition history. One applicant secured NIW approval after an EB-1A petition received a NOID and was denied, while another secured approval after RFE review and multiple service center transfers. The cases also include a petition that proceeded without any supporting letters, and both petitions were ultimately adjudicated with premium processing upgrades.

Cases With Inherent Challenges

Adverse Petition History Involving a NOID and Denial

One NIW applicant had an adverse adjudication history involving an EB-1A petition that received a NOID and was denied. Such a history can add complexity because the NIW petition must independently establish eligibility under the applicable immigrant classification despite the adverse outcome associated with a different petition.

Multiple Service Center Transfers

One petition underwent transfers between the Nebraska Service Center and the Texas Service Center. 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.

Petition Proceeding Without Supporting Letters

One NIW petition proceeded without any recommendation or testimonial letters. Despite the absence of supporting letters, the applicant secured approval based on the overall evidentiary record submitted to establish eligibility under the applicable NIW standard.

NIW Approvals After RFE or NOID (2)

#1: NIW in Wireless Communication

This NIW approval involved a Senior Research Associate, born in Pakistan and residing in the United States, who proposes to remain in the same employment. Filed in Wireless Communication, the applicant initially filed an NIW petition, followed by an EB-1A petition. The NIW has been approved, while the EB-1A has received a NOID from Officer EX0805 and was denied.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 34 publications and 1,038 citations, with peer-reviewed work published as recently as 2024. The petition proceeded without any supporting letters.

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

Notable: This approval is notable for securing NIW approval without recommendation or testimonial letters despite a related EB-1A petition receiving a NOID and being denied.

#2: NIW in Artificial Intelligence (AI)

This NIW approval involved a Senior Research Engineer, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Artificial Intelligence (AI), the petition received an RFE from Officer XM2294 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 9 publications and 578 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and no testimonial letters, while 5 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.