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 may request additional documentation, clarification of the applicant’s qualifications, or a more persuasive explanation connecting the submitted evidence to the applicable immigration standard. Successfully navigating this stage requires an evidentiary record that remains organized, internally consistent, and directly responsive to the concerns raised during adjudication.

The following success stories highlight 6 I-140 approvals involving RFE review, NOID review, or adverse procedural histories in related filings. These approvals include 1 EB-1B petition and 5 NIW petitions. Several cases involved circumstances that added complexity to adjudication, including prior petition denials or withdrawals, multiple service center transfers, and filings supported by limited or no recommendation or testimonial letters.

Cases With Inherent Challenges

Prior Denials, Withdrawals, and Adverse Histories

Two approvals involved applicants with complex procedural histories, such as a previously denied NIW petition following an RFE, or a related EB-1A petition that received an RFE and was subsequently withdrawn. Navigating these cases requires establishing eligibility independently while addressing or overcoming previous adverse findings and procedural setbacks.

Multiple Service Center Transfers

Two petitions underwent transfers between the Texas Service Center and the Nebraska Service Center during adjudication. Such transfers add procedural complexity because the evidentiary record and underlying legal arguments must remain clear, coherent, and consistent across different adjudicating locations.

Limited or No Supporting Letters

Several petitions relied on minimal supporting letters, while two cases successfully secured approval without any recommendation or testimonial letters. In these circumstances, the petition necessarily relied more heavily on scholarly publications, citation impact, and documented professional accomplishments to establish eligibility.

EB-1B Approval After NOID (1)

#1: EB-1B in Medical Science

This EB-1B approval involved a Research Fellow, born in Iran and residing in the United States, who proposes to continue in the same employment. Filed in Medical Science, the petition received a NOID from the Texas Service Center before approval was successfully secured.

The applicant holds an M.D. degree and presented a scholarly record consisting of 12 publications and 131 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 Texas Service Center with a premium processing upgrade.

Notable: This approval is notable for securing EB-1B approval after a NOID review in a non-STEM field. 

NIW Approvals After RFE (5)

#2: NIW in Applied Machine Learning

This NIW approval involved an applicant born in Taiwan and residing in Japan who proposes to work as a Research Scientist in industry. Filed in Applied Machine Learning, the applicant initially filed an NIW petition, followed by an EB-1A petition. The NIW has been approved, while the EB-1A has received an RFE from the Texas Service Center and was withdrawn.

The applicant holds a STEM Ph.D. and demonstrated a strong scholarly profile consisting of 11 publications and 525 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without any supporting letters.

The petition was adjudicated through the Service Center Operations Directorate (SCOPS) Texas Facility with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval without recommendation or testimonial letters while the applicant was residing outside the United States, despite a related EB-1A petition receiving an RFE and being withdrawn.

#3: NIW in Environmental Engineering

This NIW approval involved a Postdoctoral, born in Sri Lanka and residing in the United States, who proposes to remain in the same employment. Filed in Environmental Engineering, the petition received an RFE from Officer XM2594 before approval was achieved.

The applicant holds a STEM Ph.D. and presented a scholarly record consisting of 11 publications and 133 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without recommendation letters and was supported by 4 testimonial letters.

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

#4: NIW in Cyber Security

This NIW approval involved an Application Security Analyst in industry, born in Bangladesh and residing in the United States, who proposes to continue in the same role. Filed in Cyber Security, the petition received an RFE from the Nebraska Service Center before approval was successfully obtained.

The applicant holds a STEM master's degree and demonstrated a scholarly profile consisting of 7 publications and 91 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The adjudication involved transfers from the Texas Service Center to the Nebraska Service Center and then back to the Texas Service Center with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review while undergoing multiple service center transfers.

#5: NIW in Cancer Biology

This NIW approval involved a Postdoctoral Scholar, born in China and residing in the United States, who proposes to continue in the same role. Filed in Cancer Biology, the petition received an RFE from the Nebraska Service Center before approval was granted.

The applicant holds a STEM Ph.D. and presented a scholarly profile consisting of 13 publications and 70 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without any supporting letters.

The adjudication involved transfers from the Texas Service Center to the Nebraska Service Center and then back to the Texas Service Center with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters while undergoing multiple service center transfers.

#6: NIW in Material Science and Engineering

This NIW approval involved a Postdoctoral Scholar, born in the Republic of Korea and residing in the United States, who proposes to work as a Tenure-track Assistant Professor. Filed in Material Science and Engineering, the applicant secured approval through a refiled petition after the first NIW received an RFE from Officer XM2030 and was denied.

The applicant holds a STEM Ph.D. and demonstrated a solid scholarly profile consisting of 20 publications and 175 citations, with peer-reviewed work published as recently as 2026. 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 through a refiled petition after the first NIW filing received an RFE and was denied.