A Request for Evidence (RFE) and a Notice of Intent to Deny (NOID) are not final adjudication outcomes, but they reflect additional scrutiny before a final decision is issued. In the I-140 context, these notices may indicate that the adjudicating officer requires a clearer explanation of eligibility, a stronger evidentiary connection between the applicant’s record and the governing legal standard, or a more persuasive presentation of the proposed work. When a petition has also involved prior denial history, the record may require even greater consistency and precision to remain persuasive during later adjudication.

The following four success stories highlight I-140 approvals secured after RFE, NOID, or prior denial-related adjudication history, including one EB-1A approval and three NIW approvals. These cases reflect varied evidentiary profiles, procedural histories, and petition categories, demonstrating how petitions can still proceed to approval after increased scrutiny when the overall record remains coherent, well-supported, and carefully positioned.

Cases With Inherent Challenges

Heightened Scrutiny Through NOID and RFE Issuance

One EB-1A case received a NOID from the Nebraska Service Center before approval, while the three NIW cases involved RFE or prior denial history. These adjudication developments required the petitions to address officer concerns through a more precise presentation of eligibility, credentials, and proposed work.

EB-1A Denial Before NIW Approval

One NIW approval involved an applicant whose EB-1A petition received an RFE and was denied. This type of filing history can add complexity because the NIW petition must remain independently persuasive despite earlier unfavorable adjudication.

Limited or Absent Supporting Letters

One NIW case proceeded without any recommendation or testimonial letters, placing greater weight on the applicant’s objective record, including publications, citations, degree background, and proposed employment trajectory.

Service Center Movement

One NIW case experienced movement from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center. Such transfers can add procedural complexity because the petition must remain clear and consistent across different reviewing environments.

EB-1A Approval After NOID (1)

#1: EB-1A in Mathematics

This EB-1A approval involved an Assistant Professor, born in China and residing in the United States, who proposed to continue in the same role. Filed in Mathematics, the petition encountered heightened scrutiny when a NOID was issued by the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a substantial scholarly record consisting of 22 publications and 603 citations, with the latest peer-reviewed publication appearing in 2025. The filing included two recommendation letters.

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

Notable: This approval is notable for securing EB-1A classification after a NOID, which reflects a higher level of adjudicative scrutiny than a standard RFE.

NIW Approvals After RFE (3)

#2: NIW in Computer Science

This NIW approval involved a Ph.D. student, born in China and residing in the United States, who proposed to become a Postdoctoral Researcher. The applicant also filed an EB-1A petition, which received an RFE from Officer XM2108 and was ultimately denied before the previously filed NIW petition was approved.

The applicant held a STEM master’s degree and presented a strong scholarly record consisting of 14 publications and 848 citations, with the most recent peer-reviewed publication appearing in 2023. The petition was supported by four recommendation letters.

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

Notable: This approval is notable because the NIW petition was approved despite the applicant’s EB-1A petition having received an RFE and subsequent denial.

#3: NIW in Machine Learning

This NIW approval involved a Ph.D. student, born in Vietnam and residing in the United States, who proposed to become a Research Scientist in industry. Filed in Machine Learning, the petition received an RFE from Officer EX5080 before approval was secured.

The applicant held a STEM master’s degree and presented a focused scholarly record consisting of four publications and 278 citations, with the latest peer-reviewed publication appearing in 2025. The petition 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 securing NIW approval after RFE review without any recommendation or testimonial letters.

#4: NIW in Biomedical Imaging

This NIW approval involved a Ph.D. student, born in China and residing in the United States, who proposed to become a Research Assistant Professor. Filed in Biomedical Imaging, the petition received an RFE from Officer XM1986 before approval was ultimately achieved.

The applicant held a STEM master’s degree and presented an early-stage scholarly profile consisting of three publications and 21 citations, with the most recent peer-reviewed publication appearing in 2024. The petition included two recommendation letters.

The case experienced procedural movement from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center. It proceeded with a premium processing upgrade.

Notable: This approval is notable for achieving NIW approval after RFE review, multiple service center transfers, and a developing publication and citation record.