A Request for Evidence (RFE) and a Notice of Intent to Deny (NOID), both reflect additional adjudicative scrutiny before a final decision is issued. In the I-140 context, these notices may require a clearer articulation of eligibility, a stronger evidentiary connection between the applicant’s record and the governing legal standard, or a more persuasive explanation of the applicant’s proposed work. When a case advances beyond this stage, the petition must remain well-structured, internally consistent, and thoroughly supported to meet the elevated standard.

The following three success stories highlight I-140 approvals secured after RFE or NOID review. These cases include one EB-1A approval and two NIW approvals, illustrating how procedural history, evidentiary positioning, and adjudication flow can shape the level of difficulty in achieving approval.

Cases With Inherent Challenges

Elevated Adjudication Complexity

One case involved the issuance of a Notice of Intent to Deny (NOID) before the petition ultimately secured approval. Such developments represent a higher level of adjudicative concern than a standard RFE and require a particularly persuasive and comprehensive response to overcome the raised issues.

Service Center Transfers During Adjudication

One approval involved multiple transfers between the Nebraska Service Center and the Texas Service Center before final adjudication. This type of procedural movement increases complexity, as the petition must remain consistent and compelling across different reviewing environments.

Variation in Evidentiary Support

The cases reflect a wide range of supporting documentation, from filings with multiple recommendation letters to petitions submitted without any supporting letters. This variation demonstrates that approval after RFE or NOID review can still be achieved through different evidentiary strategies when the overall record remains cohesive and persuasive.

EB-1A Approvals After NOID (1)

#1: EB-1A in Virology

This EB-1A approval involved a Postdoctoral Research Fellow born in China and residing in the United States, who proposes to continue in the same role. Filed in Virology, the petition encountered a heightened level of scrutiny when a Notice of Intent to Deny (NOID) was issued by Officer XM2115 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a strong scholarly record consisting of 24 publications and 1,502 citations, with the most recent peer-reviewed work published in 2025. The filing was supported by four recommendation letters and no testimonial letters.

The case followed a complex adjudication path, transferring 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 and multiple service center transfers.

NIW Approvals After RFE (2)

#2: NIW in Clinical Medicine

This NIW approval involved a Research Scholar born in Egypt and residing in the United States, who proposes to continue in the same role. Filed in Clinical Medicine, the petition received an RFE from Officer XM2149 before approval was ultimately secured.

The applicant held an M.B.B.Ch. and presented a focused scholarly record consisting of 9 publications and 121 citations, with the most recent peer-reviewed work published in 2024. The filing proceeded without any supporting letters.

The case was adjudicated at the Texas Service Center and proceeded with a premium processing upgrade.

Notable: This approval is notable for achieving NIW approval after RFE review in a non-STEM field and without any supporting letters.

#3: NIW in Green Energy

This NIW approval involved a Senior Failure Analysis Engineer in industry, born in China and residing in the United States, who proposes to continue in the same role. Filed in Green Energy, the petition received an RFE from Officer EX5110 before approval was secured.

The applicant held a STEM Ph.D. and presented a developed scholarly record consisting of 15 publications and 175 citations, with the most recent peer-reviewed work published in 2024. The filing was supported by two recommendation letters and no testimonial letters.

The case proceeded through the Nebraska Service Center and advanced with a premium processing upgrade.