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 seeks additional clarification, stronger evidentiary support, or a more persuasive explanation connecting the applicant’s accomplishments to the applicable immigration standard. Successfully navigating this stage requires a record that remains organized, internally consistent, and directly responsive to the concerns raised during adjudication.

The following success stories highlight eight I-140 approvals achieved after RFE review, NOID history, prior denial, or other adverse procedural history. These approvals include four EB-1A petitions and four NIW petitions. Several cases involved refiled petitions following earlier denials, one EB-1A petition that received both an RFE and a subsequent NOID, multiple service center transfers between the Nebraska Service Center and the Texas Service Center, limited or no supporting letters, and one applicant residing outside the United States. Together, they demonstrate that favorable outcomes remain achievable when the evidentiary record remains coherent, responsive, and aligned with the applicable legal standard.

Cases With Inherent Challenges

Related Adverse Adjudication History

Several approvals followed a related adverse procedural history. These included refiled petitions after prior denials, an RFE followed by a NOID before approval, and a case that succeeded only after two related petitions had each received RFEs and denials. Such procedural histories require the subsequent filing or response to independently establish eligibility while directly addressing issues that arose during earlier adjudications.

Multiple Service Center Transfers

Several petitions were transferred between the Nebraska Service Center and the Texas Service Center during adjudication, with some petitions moving more than once before approval. These transfers add procedural complexity because the evidentiary record must remain clear, persuasive, and consistent throughout review by different adjudicators.

Limited or No Supporting Letters

Several approvals proceeded with limited supporting evidence, including one petition filed without recommendation letters or testimonial letters. In these circumstances, the petition must rely more heavily on objective indicators such as publication record, citation impact, scholarly productivity, and documented professional accomplishments.

EB-1A Approvals After RFE or NOID (4)

#1: EB-1A in Critical Care

This EB-1A approval involved an International Postdoctoral Associate, born in Iran and residing in the United States, who proposes to continue in the same employment. Filed in Critical Care, the petition received an RFE from Officer XM1849 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 78 publications and 1,039 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 Texas Service Center with upfront premium processing.

#2: EB-1A in Applied Machine Learning

This EB-1A approval involved a Ph.D. student, born in Bangladesh and residing in the United States, who proposes to become a Graduate Research Assistant. Filed in Applied Machine Learning, the petition first received an RFE from Officer XM2021, followed by a NOID issued by the Texas Service Center after the response had been submitted, before approval was ultimately secured.

The applicant holds a STEM master's degree and presented an extensive scholarly profile consisting of 95 publications and 1,017 citations, with peer-reviewed work published as recently as 2025. 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 upfront premium processing.

Notable: This approval is notable for securing EB-1A approval after both an RFE and a subsequent NOID while undergoing multiple service center transfers.

#3: EB-1A in Robotics

This EB-1A approval involved a Postdoctoral Associate, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Robotics, the petition received an RFE from Officer EX0080 before approval was ultimately granted.

The applicant holds a STEM Ph.D. and demonstrated a scholarly record consisting of 14 publications and 509 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 transferred from the Texas Service Center to the Nebraska Service Center and was approved without premium processing after 829 days.

#4: EB-1A in Epidemiology

This EB-1A approval involved a Vice President, Strategy (Office of the CEO), born in India and residing in the United States, who proposes to continue in the same role. Filed in Epidemiology, the applicant secured approval through a refiled EB-1A petition after the first EB-1A petition received an RFE from Officer XM1452 and was denied.

The applicant holds an M.B.B.S. degree and demonstrated an outstanding scholarly profile consisting of 43 publications and 4,065 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 a premium processing upgrade.

Notable: This approval is notable for securing EB-1A approval through a refiled petition after the first EB-1A petition received an RFE and was denied.

NIW Approvals After RFE (4)

#5: NIW in Physics

This NIW approval involved a Ph.D. student, born in China and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Physics, the applicant initially filed an EB-1A petition, followed by an NIW petition. The EB-1A petition received an RFE from Officer XM1452 and was subsequently denied. While the NIW petition remained pending adjudication, the applicant refiled an EB-1A petition, which received an RFE from Officer EX0592 and was later denied. Despite the negative outcomes in the EB-1A petitions, the NIW petition was approved.

The applicant did not hold an advanced degree and qualified through the exceptional ability pathway. The applicant presented a scholarly profile consisting of 19 publications and 783 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 NIW approval through the exceptional ability pathway while two related EB-1A petitions each received an RFE and were subsequently denied before the NIW petition was approved.

#6: NIW in Pharmaceutical Sciences

This NIW approval involved a Postdoctoral Research Fellow, born in Iran and residing in the United States, who proposes to continue in the same employment. Filed in Pharmaceutical Sciences, the petition received an RFE from Officer XM2594 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a scholarly profile consisting of 9 publications and 27 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.

#7: NIW in Dentistry

This NIW approval involved an Associate Dentist, born in India and residing in the United States, who proposes to continue in the same role. Filed in Dentistry, the petition received an RFE from Officer XM2513 before approval was ultimately secured.

The applicant holds a DDS degree and demonstrated a scholarly record consisting of 26 publications and 237 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 upfront premium processing.

Notable: This approval is notable for securing NIW approval after RFE in a non-STEM field and without recommendation or testimonial letters.

#8: NIW in Artificial Intelligence

This NIW approval involved a Research Scientist in industry, born in Iran and residing in Spain, who proposes to continue in the same employment. Filed in Artificial Intelligence, the petition received an RFE from Officer XM2496 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and presented a scholarly profile consisting of 5 publications and 132 citations, with peer-reviewed work published as recently as 2022. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Texas Service Center without premium processing and was approved in 895 days.

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