A Request for Evidence (RFE) and a Notice of Intent to Deny (NOID) are not final adjudication outcomes, but they do reflect additional scrutiny before a final decision is issued. In the I-140 context, these notices may indicate the adjudicating officer’s need for a clearer articulation of eligibility, a stronger connection between the applicant’s record and the governing legal standard, or a more persuasive explanation of the proposed work. When a case advances beyond the RFE or NOID stage, the petition is reviewed under heightened scrutiny and must remain coherent, well-supported, and internally consistent to meet the elevated standard.

The following four success stories highlight I-140 approvals secured after RFE or NOID review and through more complex procedural developments, including two EB-1A approvals and two NIW approvals. These cases demonstrate how prior filings, evidentiary variation, and adjudication pathways can influence the level of difficulty while still leading to a favorable outcome.

Cases With Inherent Challenges

Elevated Scrutiny Through NOID Issuance

One case involved the issuance of a Notice of Intent to Deny (NOID) before approval was ultimately secured. This represents a heightened level of adjudicative concern beyond a standard RFE and requires a particularly thorough and persuasive response to overcome.

Complex Filing History Across Related Petitions

Another approval involved a prior EB-1A filing history, which received an RFE review and the petition was later withdrawn. This type of procedural history can introduce additional complexity, as the applicant’s record must remain clearly positioned and persuasive despite prior scrutiny.

Cross-Service-Center Transfers

One case experienced multiple transfers between the Texas Service Center and the Nebraska Service Center before final adjudication. Such movement requires the petition to maintain consistency and clarity across different reviewing environments, increasing the overall level of scrutiny.

Variation in Evidentiary Support

The cases involved different levels of supporting documentation. While most filings included recommendation letters, one petition proceeded without any supporting letters, placing greater emphasis on the applicant’s objective record and overall petition narrative.

EB-1A Approvals After RFE or NOID (2)

#1: EB-1A in Natural Language Processing

This EB-1A approval involved an Applied Researcher in industry, born in Taiwan and residing in the United States, who proposes to continue in the same role. Filed in Natural Language Processing, the petition encountered heightened scrutiny when a Notice of Intent to Deny (NOID) was issued by Officer XM1986 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a developing but credible scholarly record consisting of 10 publications and 823 citations, with the most recent peer-reviewed work published in 2024. The filing was supported by four recommendation letters and no testimonial letters.

The case proceeded through the Nebraska Service Center with upfront premium processing.

#2: EB-1A in Biotechnology

This EB-1A approval involved an Assistant Professor, born in China and residing in the United States, who proposes to continue in the same role. Filed in Biotechnology, the case followed a complex procedural path that included a prior EB-1A petition receiving an RFE from Officer EX0592 and being withdrawn, followed by a refile that received an additional RFE from Officer EX0080.

The applicant held a STEM Ph.D. and presented a solid scholarly record consisting of 14 publications and 593 citations, with the most recent peer-reviewed work published in 2025. The petition was supported by four recommendation letters and no testimonial letters.

The adjudication involved multiple transfers between the Texas Service Center and the Nebraska Service Center before returning to the Texas Service Center, with upfront premium processing.

Notable: This approval is notable for achieving EB-1A approval following a prior RFE and withdrawal, along with multiple service center transfers.

NIW Approvals After RFE (2)

#3: NIW in Petroleum and Natural Gas Engineering

This NIW approval involved a Postdoctoral Research Associate, born in China and residing in the United States, who proposes to continue in the same role. Filed in Petroleum and Natural Gas Engineering, the petition received an RFE from Officer XM1155 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a well-developed scholarly record consisting of 14 publications and 222 citations, with the most recent peer-reviewed work published in 2024. The filing included two recommendation letters and no testimonial letters.

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

#4: NIW in Statistical Science

This NIW approval involved an Applied Scientist II in industry, born in China and residing in the United States, who proposes to continue in the same role. Filed in Statistical Science, the petition received an RFE from Officer XM1986 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented an early-stage scholarly profile consisting of 2 publications and 14 citations, with the most recent peer-reviewed work published in 2025. The filing proceeded without any supporting letters.

The case was adjudicated at the Nebraska Service Center with a premium processing upgrade.

Notable: This approval is notable for achieving NIW approval after RFE review without recommendation or testimonial letters.