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 EB-1A petitions following earlier denials, one NIW approval followed by a related EB-1A NOID and denial, multiple petitions proceeded with limited or no supporting letters, and two NIW cases involved service center transfers before approval was ultimately secured. 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

Prior Denials and Refiled Petitions

Several approvals involved petitions filed after earlier denials. Two EB-1A approvals were secured through refiled petitions following prior EB-1A denials after RFE review, while one NIW approval followed a related EB-1A petition that received a NOID and was denied. Such histories can add complexity because the subsequent filing must independently establish eligibility while addressing issues that arose during earlier adjudications.

Approvals in Non-STEM Fields

Several approvals were secured in non-STEM fields. In these cases, the record needed to clearly explain the applicant’s qualifications, scholarly contributions, and proposed work in a way that remained persuasive under heightened adjudicative review.

Limited or No Supporting Letters

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

EB-1A Approvals After RFE (4)

#1: EB-1A in Biomedical Informatics

This EB-1A approval involved a Research Fellow, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Biomedical Informatics, the applicant initially filed an NIW petition, followed by an EB1A petition. The EB1A has been approved, while the NIW received an RFE from Officer XM2543 and was ultimately denied.

The applicant held an M.D. degree and presented a strong scholarly profile consisting of 20 publications and 1,086 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 without premium processing and was approved in 793 days.

Notable: This approval is notable for securing EB-1A approval in a non-STEM field and after a related NIW petition received an RFE and was denied.

#2: EB-1A in Medicine

This EB-1A approval involved a Research Fellow, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Medicine, the petition received an RFE from Officer XM1267 before approval was ultimately secured.

The applicant held an M.D. degree and demonstrated a scholarly record consisting of 15 publications and 388 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 a premium processing upgrade.

Notable: This approval is notable for securing EB-1A approval in a non-STEM field.

#3: EB-1A in Cellular and Molecular Neuroscience

This EB-1A approval involved a Research Associate, born in India and residing in the United States, who proposes to continue in the same role. Filed in Cellular and Molecular Neuroscience, the applicant secured approval through a refiled EB-1A petition after the first EB-1A petition received an RFE from Officer XM0460 and was denied.

The applicant held a STEM Ph.D. and presented an extensive scholarly profile consisting of 18 publications and 1,928 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 5 recommendation letters and proceeded without testimonial letters.

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

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.

#4: EB-1A in Quantum Information Science and Engineering

This EB-1A approval involved an Assistant Professor, born in China and residing in the United States, who proposes to continue in the same role. Filed in Quantum Information Science and Engineering, the first EB-1A petition received an RFE from Officer XM1671 and was denied, while the refiled EB-1A petition received an RFE from Officer XM2042 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 40 publications and 809 citations, with peer-reviewed work published as recently as 2026. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

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

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

NIW Approvals After RFE or NOID (4)

#5: NIW in Gastroenterology

This NIW approval involved a Gastroenterology Clinical Fellow, born in Egypt and residing in the United States, who proposes to continue in the same employment. Filed in Gastroenterology, the applicant initially filed an NIW petition, followed by an EB1A petition. While the EB1A received a NOID from Officer XM2259 and was later denied, the NIW petition was approved.

The applicant held an M.B.B.Ch. degree and demonstrated a scholarly record consisting of 46 publications and 313 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 a premium processing upgrade.

Notable: This approval is notable for securing NIW approval in a non-STEM field without recommendation or testimonial letters while a related EB-1A petition received a NOID and was denied.

#6: NIW in Construction Management

This NIW approval involved a Senior Research Engineer, born in Thailand and residing in Sweden, who proposes to work as an Assistant Professor. Filed in Construction Management, the petition received an RFE from Officer XM2546 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 17 publications and 207 citations, with peer-reviewed work published as recently as 2023. 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 868 days.

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

#7: NIW in Nanotechnology

This NIW approval involved a Senior Process Integration Engineer in industry, born in China and residing in the United States, who proposes to continue in the same role. Filed in Nanotechnology, the petition received an RFE from Officer XM2560 before approval was ultimately achieved.

The applicant held a STEM Ph.D. and demonstrated a research record consisting of 4 publications and 18 citations, with peer-reviewed work published as recently as 2024. The filing 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 without recommendation or testimonial letters while undergoing multiple service center transfers.

#8: NIW in Infectious Disease

This NIW approval involved a Cardiac Monitor Technician, born in Ethiopia and residing in the United States, who proposes to work as a Researcher. Filed in Infectious Disease, the petition received an RFE from Officer XM1926 before approval was ultimately secured.

The applicant held an M.D. degree and presented a scholarly profile consisting of 14 publications and 345 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without recommendation letters or testimonial letters.

The case was transferred 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 in a non-STEM field and without recommendation or testimonial letters while undergoing multiple service center transfers.