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 8 I-140 approvals involving RFE or NOID review. These approvals include 1 EB-1A petition and 7 NIW petitions. Several cases involved circumstances that added complexity to adjudication, including a NOID issued after an RFE response, multiple service center transfers, and petitions supported by limited or no recommendation or testimonial letters.

Cases With Inherent Challenges

Escalated Review After an RFE Response

One petition progressed from an RFE to a NOID after the applicant submitted an RFE response. This additional level of scrutiny added complexity because the case needed to continue addressing the concerns raised during adjudication while also demonstrating that the applicant satisfied the eligibility requirements of the applicable immigration classification.

Multiple Service Center Transfers

Several petitions were transferred between the Nebraska Service Center and the Texas Service Center during adjudication. Such transfers add procedural complexity because the evidentiary record and legal arguments must remain clear and consistent throughout review at different adjudicating locations.

Limited or No Supporting Letters

Several approvals proceeded with relatively few recommendation or testimonial letters, while two petitions proceeded without any supporting letters. In these cases, objective evidence such as academic credentials, publication records, citation impact, and documented professional accomplishments assumed greater importance in establishing eligibility.

EB-1A Approval After RFE and NOID (1)

#1: EB-1A in Materials Science

This EB-1A approval involved an Assistant Professor, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Materials Science, the petition received an RFE from Officer XM1320 and subsequently received a NOID after the RFE response before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a scholarly profile consisting of 11 publications and 307 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 4 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-1A approval after the petition progressed from an RFE to a NOID following the RFE response.

NIW Approvals After RFE (7)

#2: NIW in Biomedical Science

This NIW approval involved a Postdoctoral Research Associate, born in Bangladesh and residing in the United States, who proposes to work as an Executive / Principal Researcher. Filed in Biomedical Science, the petition received an RFE from Officer XM2447 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a scholarly record consisting of 15 publications and 156 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 4 recommendation letters and 1 testimonial letter.

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.

#3: NIW in Chemical Engineering

This NIW approval involved a Process Engineer 4 in industry, born in Oman and residing in the United States, who proposes to continue in the same employment. Filed in Chemical Engineering, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant holds a STEM Ph.D. and presented a scholarly profile consisting of 11 publications and 535 citations, with peer-reviewed work published as recently as 2024. 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 a premium processing upgrade.

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

#4: NIW in Wireless Communications

This NIW approval involved a Ph.D. student (Graduate Student Researcher), born in Sri Lanka and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Wireless Communications, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant holds a STEM master's degree and demonstrated a scholarly profile consisting of 4 publications and 28 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without any supporting 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 without recommendation or testimonial letters while undergoing multiple service center transfers.

#5: NIW in Computer Science

This NIW approval involved a Ph.D. student (Research Assistant), born in India and residing in the United States, who proposes to work as a Research Scientist. Filed in Computer Science, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant holds a STEM master's degree and demonstrated a scholarly record consisting of 5 publications and 112 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without any supporting 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 without recommendation or testimonial letters while undergoing multiple service center transfers.

#6: NIW in Molecular Biomedicine

This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in Egypt and residing in the United States, who proposes to work as a Postdoctoral Research Fellow. Filed in Molecular Biomedicine, the petition received an RFE from Officer XM2367 before approval was ultimately secured.

The applicant holds a STEM master's degree and presented a scholarly profile consisting of 5 publications and 67 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 1 recommendation letter and 4 testimonial letters.

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

#7: NIW in Biomedical Research

This NIW approval involved a Visiting Fellow, born in Chile and residing in the United States, who proposes to continue in the same employment. Filed in Biomedical Research, the petition received an RFE from Officer EX0625 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a scholarly profile consisting of 7 publications and 177 citations, with peer-reviewed work published as recently as 2023. The filing proceeded without recommendation letters and was supported by 2 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 upfront premium processing.

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

#8: NIW in Soil Science

This NIW approval involved a Postdoctoral Associate, born in Iran and residing in the United States, who proposes to continue in the same employment. Filed in Soil Science, the petition received an RFE from Officer EX5080 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a scholarly record consisting of 10 publications and 262 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

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