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 four I-140 approvals achieved after RFE review, NOID history, prior denial, withdrawal, or other adverse procedural history. These approvals include two EB-1A petitions and two NIW petitions. Both NIW cases involved related EB-1A filings that received RFEs, a NOID, denials, or withdrawal before approval was secured. 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

Related Petition History

Two NIW approvals involved related EB-1A petition history, including RFEs, denial, NOID, withdrawal, or pending review. Such histories can add complexity because the approved NIW petition must remain independently well-supported under its own legal standard.

Petitions Supported by Limited Letters

Some approvals proceeded with relatively limited recommendation or testimonial evidence, or even without any testimonial letters. In such circumstances, the petition must rely more heavily on objective indicators such as publication records, citation impact, scholarly output, professional accomplishments, and the applicant's documented expertise within the field.

EB-1A Approvals After RFE (2)

#1: EB-1A in Ophthalmology

This EB-1A approval involved a Director of Research and Assistant Professor, born in India and residing in the United States, who proposes to work as a Senior Director, Medical Affairs in industry. Filed in Ophthalmology, the petition received an RFE from Officer NSC0557 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a strong scholarly profile consisting of 12 publications and 617 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

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

#2: EB-1A in Cell and Molecular Biology

This EB-1A approval involved a Development Scientist in industry, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Cell and Molecular Biology, the petition received an RFE from Officer TSC1852 before approval was ultimately achieved.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 14 publications and 720 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 5 recommendation letters and proceeded without testimonial letters.

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

NIW Approvals After RFE or NOID (2)

#3: NIW in Semiconductor

This NIW approval involved a Ph.D. student, born in South Korea and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Semiconductor, the applicant initially filed an EB-1A petition, which received an RFE from Officer XM2106 and was subsequently denied. Following the denial, an NIW petition was filed. While the NIW petition remained pending adjudication, the applicant refiled an EB-1A petition, which received a NOID from Officer NSC0024 and was later withdrawn. The applicant then filed a second refiled EB-1A petition, which received an RFE from Officer XM1791 and remains pending. Subsequently, the NIW petition was approved.

The applicant held a STEM master's degree and presented an extensive scholarly profile consisting of 60 publications and 620 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 recommendation letters and 4 testimonial letters.

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

Notable: This approval is notable for securing NIW approval while multiple related EB-1A filings had already undergone heightened scrutiny, including an RFE denial, a NOID followed by withdrawal, and a separate pending RFE review.

#4: NIW in Biomedical Engineering

This NIW approval involved a Postdoctoral Research Associate, born in Indonesia and residing in the United States, who proposes to continue in the same employment. Filed in Biomedical Engineering, the applicant initially filed an NIW petition, followed by an EB1A petition. The NIW has been approved, while the EB1A has received an RFE from Officer NSC0002 and was subsequently denied.

The applicant held a STEM Ph.D. and demonstrated a scholarly profile consisting of 11 publications and 230 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

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

Notable: This approval is notable for securing NIW approval after a related EB-1A petition received an RFE and was denied.