A Request for Evidence (RFE) or Notice of Intent to Deny (NOID) can represent one of the more demanding stages of adjudication in the employment-based immigration process. When USCIS issues an RFE, a petition undergoes additional scrutiny, and further evidence or clarification may be requested regarding the applicant’s qualifications and eligibility under the applicable immigration standard. A NOID can present an additional adjudicative challenge by notifying an applicant that USCIS intends to deny a petition unless the identified concerns are adequately addressed. Successfully navigating heightened review requires an evidentiary record that remains organized, internally consistent, and directly responsive to the concerns raised during adjudication.

The following success stories highlight 6 NIW I-140 approvals involving RFE review or a related NOID history. Several cases presented circumstances that added complexity, including an applicant whose related EB-1B petition received a NOID, multiple service center transfers, petitions that initially proceeded with limited or no supporting letters, and applicants with relatively modest publication or citation records.

Cases With Inherent Challenges

Adverse Adjudication History Involving a NOID

One applicant had a related EB-1B petition that received a NOID. Such an adjudicative history can add complexity because the NIW petition must independently establish eligibility under the applicable immigrant classification despite heightened scrutiny associated with a separate employment-based petition.

Multiple Service Center Transfers

Two petitions underwent transfers between the Nebraska Service Center and the Texas Service Center during adjudication. Such procedural movement can add administrative complexity because the evidentiary record must remain clearly organized and internally consistent throughout review across different service center operations.

Applicants Residing Outside the United States

Two approvals involved applicants residing outside the United States, including those in South Korea and the Czech Republic. Both petitions ultimately secured approval after RFE review, showing that residing outside the United States did not prevent the petitions from being approved.

NIW Approvals After RFE or NOID (6)

#1: NIW in Cancer Therapeutics

This NIW approval involved a Ph.D. Student (Ph.D. Researcher), born in Vietnam and residing in South Korea, who proposes to work as a Biomedical Researcher. Filed in Cancer Therapeutics, the petition received an RFE from Officer XM2149 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 3 publications and 59 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting letters, while 2 recommendation letters were submitted with the RFE response.

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

Notable: This approval is notable for securing NIW approval after RFE review while the applicant was residing outside the United States.

#2: NIW in Computer Science

This NIW approval involved a Ph.D. Student (Researcher & Academic Assistant), born and residing in the Czech Republic, who proposes to work as a Research Scientist in industry. Filed in Computer Science, the petition received an RFE from Officer XM2378 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 17 publications and 121 citations, with peer-reviewed work published as recently as 2025. The petition proceeded without any supporting letters.

The case underwent transfers from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska 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 the applicant was residing outside the United States and undergoing multiple service center transfers.

#3: NIW in Machine Learning

This NIW approval involved a Machine Learning Engineer Contractor, born in Nepal and residing in the United States, who proposes to work as a Postdoctoral Scholar in Medical Image Computing. Filed in Machine Learning, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 3 publications, with peer-reviewed work published as recently as 2024. The filing proceeded without recommendation letters and included 1 testimonial letter.

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

#4: NIW in Medical Science

This NIW approval involved a Research Fellow, born in Iran and residing in the United States, who proposes to remain in the same employment. Filed in Medical Science, the applicant initially filed an EB-1B petition, followed by an NIW petition. The NIW has been approved, while the EB-1B has received a NOID from Officer XM1667.

The applicant held an M.D. degree in a non-STEM field and demonstrated a substantial scholarly record consisting of 13 publications and 133 citations, with peer-reviewed work published as recently as 2026. The NIW petition included 2 recommendation letters and no testimonial letters.

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

Notable: This approval is notable for securing NIW approval in a non-STEM field despite a related EB-1B petition receiving a NOID.

#5: NIW in Epidemiology

This NIW approval involved a Ph.D. Student, born in China and residing in the United States, who proposes to work as a Postdoctoral Research Fellow in industry. Filed in Epidemiology, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 8 publications and 172 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without any supporting letters.

The petition was adjudicated through 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.

#6: NIW in Electrical and Computer Engineering

This NIW approval involved a Ph.D. Student (Graduate Student Research Assistant), born in Taiwan and residing in the United States, who proposes to work as a Postdoctoral Research Fellow. Filed in Electrical and Computer Engineering, the petition received an RFE from Officer XM2623 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 5 publications and 16 citations, with peer-reviewed work published as recently as 2024. The initial filing included 4 recommendation letters and 1 testimonial letter, while 3 additional recommendation letters were submitted with the RFE response.

The petition underwent transfers from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska 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.