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 six success stories highlight I-140 approvals secured after RFE or NOID review, including five EB-1A approvals and one NIW approval. These cases illustrate how variations in scholarly impact, procedural history, and evidentiary composition can shape adjudication complexity while still leading to favorable outcomes.

Cases With Inherent Challenges

Elevated Scrutiny Through RFE and NOID Issuance

Several cases involved not only RFEs but also a Notice of Intent to Deny (NOID), which reflects a higher level of adjudicative concern. Overcoming a NOID requires a particularly comprehensive and persuasive response, as the officer has already identified potential grounds for denial.

Cross-Service-Center Transfers

Multiple petitions experienced transfers between the Nebraska Service Center and the Texas Service Center during adjudication. These movements introduce additional complexity, as the petition must remain consistent and persuasive across different reviewing environments and officer perspectives.

Wide Variation in Scholarly Metrics

The cases reflect a broad spectrum of scholarly profiles, ranging from applicants with thousands of citations to those with minimal or no citation records. This variability demonstrates that while citation metrics can strengthen a case, approval may still be achieved through a well-structured presentation of overall contributions and impact.

Limited or Absent Supporting Letters

Some petitions proceeded with few or no recommendation or testimonial letters, placing greater emphasis on objective documentation and the internal consistency of the petition narrative to establish eligibility. 

EB-1A Approvals After RFE or NOID (5)

#1: EB-1A in Pharmacology

This EB-1A approval involved a Senior Scientist working in industry, born in India and residing in the United States, who proposed to continue in the same role. Filed in Pharmacology, the petition received an RFE from Officer XM2254 before approval was secured. 

The applicant held a Ph.D. and presented a well-developed scholarly record consisting of 13 publications and 3,397 citations, with recent peer-reviewed work published in 2024. The filing was supported by five recommendation letters and no testimonial letters.

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

#2: EB-1A in Electrical and Computer Engineering

This EB-1A approval involved a Senior Research Associate Engineer, born in Lebanon and residing in the United States, who proposed to continue in the same role. Filed in Electrical and Computer Engineering, the petition encountered heightened scrutiny when a NOID was issued by Officer XM1899 before approval was ultimately secured.

The applicant held a Ph.D. and demonstrated a strong scholarly profile with 24 publications and 953 citations, including recent peer-reviewed work published in 2025. The case was supported by four recommendation letters and no testimonial letters. 

The petition 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.

#3: EB-1A in Microbial Genomics

This EB-1A approval involved a Postdoctoral Research Fellow, born in Kazakhstan and residing in the United States, who proposed to continue in the same role. Filed in Microbial Genomics, the petition received an RFE from the Nebraska Service Center before approval was achieved.

The applicant held a Ph.D. and presented a substantial research record consisting of 16 publications and 1,447 citations, with recent work published in 2025. The filing included two recommendation letters and no testimonial letters. 

The case experienced procedural movement, transferring from the Texas Service Center to the Nebraska Service Center and then back to the Texas Service Center, and proceeded with upfront premium processing.

Notable: This approval is notable for achieving EB-1A approval after RFE review and multiple service center transfers.

#4: EB-1A in Software Engineering

This EB-1A approval involved a Senior Principal and Architect Engineer Software in industry, born in India and residing in the United States, who proposed to continue in the same role. Filed in Software Engineering, the petition followed a complex procedural history involving a prior EB-1A petition that received a NOID issued by Officer EX0242 and was subsequently denied, before the case was refiled and ultimately approved.

The applicant held a master’s degree and presented a limited publication record of five works with no citations, with recent peer-reviewed activity in 2025. The filing was supported by four recommendation letters and no testimonial letters. 

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

Notable: This approval is notable for securing EB-1A approval despite a prior NOID that resulted in denial and no citation record.

#5: EB-1A in Earth System Modeling

This EB-1A approval involved a Senior Machine Learning Scientist in industry, born in China and residing in the United States, who proposed to continue in the same role. Filed in Earth System Modeling, the petition received an RFE from Officer XM2011 before approval was secured. 

The applicant held a Ph.D. and presented a modest publication record of five works alongside 173 citations, with the most recent peer-reviewed publication dating to 2020. The case was supported by four recommendation letters and no testimonial letters. 

The petition followed a complex adjudication path, transferring from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center, and proceeded with upfront premium processing. 

Notable: This approval is notable for achieving EB-1A approval after RFE review with multiple service center transfers.

NIW Approvals After RFE (1)

#6: NIW in Artificial Intelligence

This NIW approval involved an Advanced AI Research Scientist and Senior Manager in industry, born in China and residing in the United States, who proposed to continue in the same role. Filed in Artificial Intelligence, the petition received an RFE from Officer XM1986 before approval was ultimately secured.

The applicant held a Ph.D. and presented a strong scholarly record consisting of 17 publications and 1,038 citations, with recent peer-reviewed work published in 2025. The filing proceeded without any supporting 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, and advanced with upfront premium processing.

Notable: This approval is notable for achieving NIW approval after RFE review without supporting letters, along with multiple service center transfers.