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 secured after RFE or NOID. These approvals include four EB-1A petitions, one EB-1B petition, and three NIW petitions involving applicants working across computer science, environmental engineering, cybersecurity, medicinal chemistry, cellular and molecular biology, cardiovascular medicine, and electrical engineering. Several cases involved prior EB-1A denial history, multiple service center transfers, limited supporting letters, and one NOID before approval.

Cases With Inherent Challenges

Related EB-1A Denial History

One NIW approval involved an applicant whose related EB-1A petition received an RFE and was denied. Although the NIW petition was adjudicated under a different legal standard, the prior EB-1A denial added procedural complexity and required the NIW record to remain independently clear and well-supported.

Multiple Service Center Transfers

One NIW approval involved a petition that moved from the Nebraska Service Center to the Texas Service Center and then returned to the Nebraska Service Center. Cases involving transfers across service centers may be reviewed in different adjudicative settings, making consistency in the record especially important.

Limited or No Supporting Letters

Several approvals proceeded with limited recommendation or testimonial letters, including one NIW petition filed without any supporting letters. When supporting letters are limited or absent, the petition must rely more heavily on objective evidence such as publications, citations, recent scholarly output, and the applicant’s professional trajectory.

Applicants Residing Outside the United States

Two approvals involved applicants residing outside the United States at the time of adjudication. Petitions for applicants abroad must still establish eligibility under the applicable immigration standard while clearly connecting the proposed work to future contributions in the United States.

EB-1A Approvals After RFE (4)

#1: EB-1A in Computer Science

This EB-1A approval involved an Applied Scientist II in industry from China residing in the United States who proposes to continue in the same employment. Filed in Computer Science, the petition received an RFE from Officer EX0070 before ultimately securing approval.

The applicant held a Ph.D. and demonstrated an extensive research record consisting of 74 publications and 34,924 citations, with peer-reviewed work published as recently as 2021. The case was supported by 4 recommendation letters and proceeded without any testimonial letters.

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

#2: EB-1A in Environmental Engineering

This EB-1A approval involved an Assistant Professor from China residing in the United States who proposes to continue in the same employment. Filed in Environmental Engineering, the petition received an RFE from Officer 0080 before ultimately securing approval.

The applicant held a Ph.D. and demonstrated a research record consisting of 26 publications and 596 citations, with peer-reviewed work published as recently as 2022. The case was supported by 3 recommendation letters and 5 testimonial letters.

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

#3: EB-1A in Cybersecurity

This EB-1A approval involved an Assistant Professor from India residing in the United States who proposes to continue in the same employment. Filed in Cybersecurity, the petition received an RFE from Officer XM1267 before ultimately securing approval.

The applicant held a Ph.D. and demonstrated an extensive research record consisting of 211 publications and 2,645 citations, with peer-reviewed work published as recently as 2025. The case was supported by 4 recommendation letters with no testimonial letters submitted.

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

#4: EB-1A in Medicinal Chemistry

This EB-1A approval involved an Assistant Research Scientist from China residing in the United States who proposes to continue in the same employment. Filed in Medicinal Chemistry, the petition received an RFE from Officer EX5073 before ultimately securing approval.

The applicant held a Ph.D. and demonstrated a research record consisting of 13 publications and 288 citations, with peer-reviewed work published as recently as 2025. The case was supported by 2 recommendation letters with no testimonial letters submitted.

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

EB-1B Approval After NOID (1)

#5: EB-1B in Cellular and Molecular Biology

This EB-1B approval involved an Assistant Research Scientist from India residing in the United States who proposes to continue in the same role. Filed in Cellular and Molecular Biology, the petition received a NOID from Officer XM1671 before ultimately securing approval.

The applicant held a Ph.D. and demonstrated a research record consisting of 15 publications and 188 citations, with peer-reviewed work published as recently as 2023. The case was supported by 4 recommendation letters with no testimonial letters submitted.

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

NIW Approvals After RFE (3)

#6: NIW in Computer Science

This NIW approval involved a Senior System Specification Engineer in industry from Pakistan residing in Germany who proposes to work as a Postdoctoral Research Associate. Filed in Computer Science, the applicant initially filed an EB1A petition, followed by an NIW petition. The NIW has been approved, while the EB1A has received an RFE from Officer TSC2031 and was denied.

The applicant held a Ph.D. and demonstrated a research record consisting of 16 publications and 528 citations, with peer-reviewed work published as recently as 2021. The case was supported by 4 recommendation letters with no testimonial letters submitted.

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

Notable: This approval is notable for securing NIW approval after a prior EB-1A petition received an RFE and was denied while the applicant was residing outside the United States.

#7: NIW in Cardiovascular Medicine

This NIW approval involved a Physician-Scientist, born and residing in the United Kingdom, who proposes to work as a Postdoctoral Researcher. Filed in Cardiovascular Medicine, the petition received an RFE from Officer XM1747 before ultimately securing approval.

The applicant held an M.B., Ch.B. and demonstrated a research record consisting of 4 publications and 33 citations, with peer-reviewed work published as recently as 2023. The petition proceeded without any supporting letters.

The case was transferred 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 in a non-STEM field without recommendation or testimonial letters, while undergoing multiple service center transfers for an applicant residing outside the United States.

#8: NIW in Electrical Engineering

This NIW approval involved a Research Fellow from China residing in the United States who proposes to continue in the same employment. Filed in Electrical Engineering, the petition received an RFE from Officer XM2479 before ultimately securing approval.

The applicant held a Ph.D. and demonstrated a research record consisting of 18 publications and 165 citations, with peer-reviewed work published as recently as 2025. The case was supported by 4 recommendation letters with no testimonial letters submitted.

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