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 success stories highlight seven I-140 approvals achieved after RFE or NOID review, including three EB-1A approvals and four NIW approvals. These cases reflect varied scholarly profiles, procedural transfers between service centers, prior withdrawal history, and filings that proceeded with limited supporting documentation, demonstrating that approval remains achievable even after intensified scrutiny and evolving adjudicative circumstances.

Cases With Inherent Challenges

Prior Adverse Adjudication and Withdrawal History

One EB-1A approval involved a complicated procedural background where a previous EB-1A filing had received an RFE and was ultimately withdrawn before the subsequent petition secured approval. Navigating a prior adverse history adds substantial complexity to a case, as the new filing must maintain absolute strategic integrity and present an enhanced evidentiary presentation capable of overcoming previous adjudicative concerns under renewed scrutiny.

Limited Supporting Documentation and Letters

Several petitions achieved successful outcomes without relying on the traditional suite of supporting letters. Multiple filings proceeded without any testimonial letters, while others completely lacked both recommendation and testimonial letters. In these instances, the cases had to rely heavily on the objective strength of the applicants' scholarly metrics, publication consistency, and the intrinsic merit of their proposed endeavors to satisfy the heightened demands of the reviewing officers.

Procedural Transfers Between Service Centers

A significant portion of the approved petitions underwent multiple procedural transfers between the Nebraska Service Center and the Texas Service Center during the review period. This shifting institutional routing introduces an extra layer of difficulty, as the petitions must remain perfectly coherent and persuasive while being evaluated across different service center environments and varying officer perspectives.

EB-1A Approvals After RFE or NOID (3)

#1: EB-1A in Condensed Matter Physics

This EB-1A approval involved a Postdoctoral Research Associate, born in China and residing in the United States, who proposes to continue working in the same role. Filed in Condensed Matter Physics, the petition received a NOID from Officer XM1671 before the case was approved.

The applicant held a STEM Ph.D. and presented a strong scholarly record, including 12 publications and 853 citations, with their most recent peer-reviewed work published in 2025. The filing was supported by 8 recommendation letters and proceeded without testimonial letters.

The adjudication involved multiple procedural transfers, moving 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 an EB-1A after NOID while undergoing multiple service center transfers.

2: EB-1A in Electrical Engineering

This EB-1A approval involved a Researcher III - Electrical Engineering, born in Belgium and residing in the United States, who proposes to continue working in the same role. Filed in Electrical Engineering, the petition received an RFE from Officer XM1728 before ultimately securing approval.

The applicant held a STEM Ph.D. and maintained a robust professional profile that included 23 publications and 471 citations, with recent peer-reviewed research published in 2024. The petition included two recommendation letters and proceeded without any testimonial letters.

The petition underwent multiple administrative shifts, 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 classification despite experiencing multiple procedural transfers between service centers.

#3: EB-1A in Neuroscience

This EB-1A approval involved a Scientist I, born in China and residing in the United States, who proposes to continue working in the same role. Filed in Neuroscience, the case was a refiled petition that ultimately secured approval after a prior EB-1A filing received an RFE from Officer XM1767 and was subsequently withdrawn.

The applicant held a STEM Ph.D. and established an exceptional scholarly presence consisting of 10 publications and 1,118 citations, including highly recent peer-reviewed work published in 2026. The petition was supported by four recommendation letters and proceeded without any testimonial letters.

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

Notable: This approval is notable for securing an EB-1A success after a prior petition in the same category was withdrawn following an RFE.

NIW Approvals After RFE (4)

#4: NIW in Theoretical Chemistry

This NIW approval involved a Postdoctoral Appointee, born in Vietnam and residing in the United States, who proposes to work as a Research Scientist. Filed in Theoretical Chemistry, the petition received an RFE from Officer XM2375 before approval was secured.

The applicant held a STEM Ph.D. and exhibited a focused academic background that included 5 publications and 124 citations, with peer-reviewed material published as recently as 2025. The filing relied on two testimonial letters but proceeded without any recommendation letters.

The petition experienced significant institutional movement, transferring from the Nebraska Service Center to the Texas Service Center, and finally back to the Nebraska Service Center, with a premium processing upgrade.

Notable: This approval is notable for achieving NIW approval while navigating repeated service center transfers.

#5: NIW in Biomedical Science

This NIW approval involved a Ph.D. student, born in Vietnam and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Biomedical Science, the petition received an RFE from Officer XM1926 before the case was ultimately approved.

The applicant held a STEM master’s degree and presented a developing professional record consisting of 7 publications and 67 citations, with peer-reviewed work published as recently as 2021. The petition proceeded without any supporting letters.

The case structure followed a winding procedural path, transferring from the Nebraska Service Center to the Texas Service Center and back to the Nebraska Service Center, with a premium processing upgrade.

Notable: This approval is notable for overcoming an RFE to secure an NIW success without any recommendation or testimonial letters while also navigating multiple procedural transfers.

#6: NIW in Cancer and Palliative Care

This NIW approval involved an Assistant Professor, born in Pakistan and residing in Turkey, who proposes to work as a Postdoctoral Researcher. Filed in Cancer and Palliative Care, the petition received an RFE from Officer XM1761 before ultimately being approved.

The applicant held a STEM Ph.D. and demonstrated a productive academic record with 18 publications and 86 citations, featuring peer-reviewed papers published as recently as 2023. The submission included four recommendation letters and proceeded without testimonial letters.

The case was adjudicated at the Texas Service Center without premium processing and was approved in 856 days.

Notable: This approval is notable for overcoming an RFE to secure an NIW success while the applicant was residing outside of the United States.

#7: NIW in Mechanical Engineering

This NIW approval involved a Research Engineer III in industry, born in India and residing in the United States, who proposes to continue working in the same role. Filed in Mechanical Engineering, the petition received an RFE from Officer EX0105 before approval was finally secured.

The applicant held a STEM Ph.D. and displayed a well-rounded technical background consisting of 10 publications and 35 citations, with active peer-reviewed work published as recently as 2025. The filing proceeded without any supporting letters.

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

Notable: This NIW approval is notable for successfully overcoming the RFE review without any recommendation or testimonial letters.