A Request for Evidence (RFE) or Notice of Intent to Deny (NOID) represents one of the most demanding stages of employment-based immigration adjudication. When USCIS issues an RFE or NOID, the petition enters a heightened level of review in which the adjudicating officer may request clarification, additional documentation, or a more persuasive explanation connecting the applicant’s qualifications to the applicable legal standard. Successfully navigating this stage requires an evidentiary record that remains organized, internally consistent, and directly responsive to the concerns raised.

The following success stories highlight 7 I-140 approvals involving RFE review, NOID review, or adverse procedural history in related filings. These approvals include 1 EB-1A petition, 2 EB-1B petitions, and 4 NIW petitions. Several cases involved multiple transfers between the Nebraska Service Center and the Texas Service Center, related EB-1A denials, and petitions filed through alternative NIW qualification pathways.

Cases With Inherent Challenges

Related Adverse Decisions and Immigration Filings

Some approvals involved related immigration filings that had previously received RFEs or other adverse outcomes. These procedural histories added complexity because the approved petitions still needed to independently establish eligibility under their respective immigration classifications.

Multiple Service Center Transfers

Several petitions were transferred between the Nebraska Service Center and the Texas Service Center during adjudication, with some moving more than once before approval. Such transfers require the evidentiary record and legal arguments to remain clear and consistent as the case moves between different adjudicating locations.

EB-1A Approval After NOID (1)

#1: EB-1A in Computer Science

Born in India and residing in the United States, this applicant works as a Senior Staff Research Scientist in industry and proposes to continue in the same employment. Filed in Computer Science, the EB-1A petition received a NOID from Officer XM2109 before approval was ultimately secured.

The applicant holds a STEM master’s degree and demonstrated a substantial scholarly profile consisting of 15 publications and 2,625 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

The adjudication involved transfers 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 NOID review while undergoing multiple service center transfers.

EB-1B Approvals After RFE (2)

#2: EB-1B in Semiconductors

Born in India and residing in the United States, this applicant works as a Senior Staff Scientist in industry and proposes to remain in the same position. Filed in Semiconductors, the applicant initially filed an EB-1A petition, followed by an EB-1B petition. The EB-1B has been approved, while the EB-1A has received an RFE from Officer EX5199 and was denied.

The applicant holds a STEM Ph.D. and presented a scholarly record consisting of 25 publications and 241 citations, with peer-reviewed work published as recently as 2026. The filing was supported by 5 recommendation letters and proceeded without testimonial letters.

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

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

#3: EB-1B in Materials Science

This EB-1B approval involved a Senior Materials Chemist in industry, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Materials Science, the applicant initially filed an EB-1A petition, followed by an EB-1B petition. The EB-1B has been approved, while the EB-1A has received an RFE from Officer EX0002 and was denied.

The applicant holds a STEM Ph.D. and demonstrated a scholarly profile consisting of 14 publications and 421 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 6 recommendation letters and proceeded without testimonial letters.

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

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

NIW Approvals After RFE or NOID (4)

#4: NIW in Structural Engineering

Born in Egypt and residing in the United States, this applicant works as an Associate II in industry and proposes to continue in the same employment. Filed in Structural Engineering, the NIW petition received an RFE from Officer XM1984 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a scholarly record consisting of 10 publications and 65 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 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.

#5: NIW in Biomedical Research

This NIW approval involved a Postdoctoral Associate, born in China and residing in the United States, who proposes to remain in the same position. Filed in Biomedical Research, the petition received an RFE from Officer XM1910 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and presented a scholarly profile consisting of 14 publications and 270 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 1 recommendation letter and 1 testimonial letter.

The petition was transferred from the Texas Service Center to the Nebraska Service Center with a premium processing upgrade.

#6: NIW in Health Informatics

This NIW approval involved a Ph.D. candidate, born in Bangladesh and residing in the United States, who proposes to become an Assistant Professor. Filed in Health Informatics, the petition received a NOID from the Nebraska Service Center before approval was ultimately secured.

The applicant did not hold an advanced degree and qualified through the exceptional ability pathway. At filing, the applicant demonstrated a scholarly profile consisting of 25 publications and 618 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 NOID through the exceptional ability pathway.

#7: NIW in Neuroscience

This NIW approval involved a Researcher/Scientist III, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Neuroscience, the applicant initially filed an NIW petition, followed by an EB1A petition. The EB-1A received an RFE from the Nebraska Service Center, while the NIW received an RFE from Officer XM1771 before approval was ultimately granted.

The applicant holds a STEM Ph.D. and demonstrated a substantial scholarly profile consisting of 29 publications and 666 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 2 recommendation letters and 2 testimonial letters.

The adjudication involved transfers 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 NIW approval after RFE review and multiple service center transfers while a related EB-1A petition also received an RFE.