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 adjudicative concerns.

The following success stories highlight eight I-140 approvals achieved after RFE review, NOID history, prior denial, withdrawal, or other adverse procedural history. These approvals include three EB-1A petitions, one EB-1B petition, and four NIW petitions. Several cases involved prior RFEs followed by NOIDs, refiled petitions after withdrawal or denial, and multiple service center transfers between the Nebraska Service Center and the Texas Service Center. 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 Adverse Decisions and Refiled Petitions

Several approvals involved a prior adverse procedural history, including an RFE followed by a NOID, prior denials, or withdrawn petitions that were subsequently refiled. These cases required the later submission to independently re-establish eligibility while directly addressing issues raised during earlier adjudication stages.

Limited or No Testimonial Evidence

Several approvals proceeded with limited supporting letters, and in some cases, no testimonial letters were included. In these situations, adjudication relied more heavily on objective evidence such as publication record, citation impact, and documented scholarly or technical contributions.

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

#1: EB-1A in Synthetic Organic Chemistry

This EB-1A approval involved an Associate Research Scientist, born in India and residing in the United States, who proposes to remain in the same role. Filed in Synthetic Organic Chemistry, the petition received an RFE from Officer XM1320 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a scholarly record consisting of 19 publications and 351 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 6 recommendation letters and proceeded without testimonial letters.

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

#2: EB-1A in Pharmaceutical Science

This EB-1A approval involved a Research Instructor, born in China and residing in the United States, who proposes to continue in the same role. Filed in Pharmaceutical Science, the petition received an RFE and a subsequent NOID from Officer XM1566 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and presented a scholarly record consisting of 19 publications and 411 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 4 recommendation letters and no testimonial letters.

The petition was transferred from the Nebraska Service Center to the Texas Service Center with a premium processing upgrade.

#3: EB-1A in Renewable Energy Generation and Storage

This EB-1A approval involved a Postdoctoral Associate, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Renewable Energy Generation and Storage, the first EB-1A petition received an RFE from Officer XM1452 and was withdrawn, while the refiled EB-1A petition received an RFE from the Nebraska Service Center before approval was ultimately granted.

The applicant holds a STEM Ph.D. and demonstrated a scholarly record consisting of 18 publications and 1,484 citations, with peer-reviewed work published as recently as 2026. The filing was supported by 4 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 filing received an RFE and was withdrawn, while the refiled petition also received an RFE before approval.

EB-1B Approval After NOID (1)

#4: EB-1B in Mechanical Engineering

This EB-1B approval involved a Senior Staff Mechanical Engineer in industry, born in Iran and residing in the United States, who proposes to remain in the same employment. The petition received a NOID from Officer EX0641 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a scholarly record consisting of 3 publications and 35 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 Nebraska Service Center with upfront premium processing.

NIW Approvals After RFE (4)

#5: NIW in Organic Chemistry

This NIW approval involved a Senior Compliance Specialist in industry, born in India and residing in the United States, who proposes to continue in the same role. Filed in Organic Chemistry, the applicant initially filed an NIW petition, followed by an EB1A petition. The NIW has been approved, while the EB1A received an RFE from Officer XM1861 and was withdrawn.

The applicant holds a STEM Ph.D. and demonstrated a scholarly record consisting of 17 publications and 825 citations, with peer-reviewed work published as recently as 2022. The filing was supported by 2 recommendation letters and no 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 while a related EB-1A petition received an RFE and was withdrawn.

#6: NIW in Computer Science

This NIW approval involved a Machine Learning Scientist in industry, born in China and residing in the United States, who proposes to remain in the same role. Filed in Computer Science, the petition received an RFE from Officer XM1761 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a scholarly record consisting of 3 publications and 89 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 875 days.

#7: NIW in Electric Power Systems

This NIW approval involved a Ph.D. student, born in Iran and residing in the United States, who proposes to become a Technical Specialist in industry. Filed in Electric Power Systems, the petition received an RFE from Officer EX5154 before approval was ultimately secured.

The applicant holds a STEM master’s degree and demonstrated a scholarly record consisting of 2 publications and 15 citations, with peer-reviewed work published as recently as 2021. The filing was supported by 2 recommendation letters and 1 testimonial letter.

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

#8: NIW in Cellular and Molecular Biology

This NIW approval involved a Ph.D. student, born in Nepal and residing in the United States, who proposes to become a Postdoctoral Researcher. Filed in Cellular and Molecular Biology, the applicant secured approval through a refiled NIW petition after the first NIW petition received an RFE from Officer XM2543 and was denied.

The applicant holds a STEM master’s degree and demonstrated a scholarly record consisting of 3 publications and 50 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 5 recommendation letters and no testimonial letters.

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

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