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 where the adjudicating officer may request additional documentation or clarification regarding the applicant’s eligibility. Successfully navigating this stage requires an evidentiary record that remains organized, internally consistent, and directly responsive to the issues raised during review.

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 prior adverse petition histories, appealing a denied petition, multiple service center transfers, limited or no supporting letters, extended adjudication periods, and applicants residing outside the United States.

Cases With Inherent Challenges

Related Adverse Petition History

Several approvals involved applicants with complex petition histories, such as a related EB-1A petition receiving a NOID or an RFE and being denied or withdrawn, or a petition receiving an RFE and denial before being approved upon appeal. Such petition histories add complexity because subsequent filings or appeals must independently establish eligibility under the relevant legal standard while maintaining a clear and consistent evidentiary record.

Multiple Service Center Transfers

Two petitions underwent movement between the Nebraska Service Center and the Texas Service Center before final adjudication. Such procedural transfers can add administrative complexity, requiring the evidentiary record to stay logically structured, internally consistent, and responsive across different service center operations.

Limited or No Supporting Letters

A few petitions proceeded without any recommendation or testimonial letters, while several others relied on a limited number of supporting letters. In such cases, qualifications were established primarily through objective evidence, including academic credentials, publication records, citation counts, and professional background.

EB-1A Approval After RFE (1)

#1: EB-1A in Computer Science

This EB-1A approval involved an Assistant Professor, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Computer Science, the petition received an RFE from Officer XM2415 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a strong scholarly record consisting of 35 publications and 879 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 EB-1A approval after RFE review while undergoing multiple service center transfers.

NIW Approvals After RFE or NOID (7)

#2: NIW in Biochemistry

This NIW approval involved a Postdoctoral Scholar, born in Nepal and residing in the United States, who proposes to remain in the same employment. Filed in Biochemistry, the applicant initially filed an NIW petition, followed by an EB-1A petition. The NIW has been approved, while the EB-1A has received a NOID from Officer XM2115 and was denied.

The applicant held a STEM Ph.D. and demonstrated a solid scholarly record consisting of 9 publications and 161 citations, with peer-reviewed research published as recently as 2024. The filing was supported by 2 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 despite a related EB-1A petition receiving a NOID and being denied.

#3: NIW in Medicine

This NIW approval involved a Postdoctoral Fellow, born in Iran and residing in the United States, who proposes to remain in the same employment. Filed in Medicine, the applicant initially filed an NIW petition, followed by an EB-1A petition. The NIW has been approved, while the EB-1A has received an RFE from Officer EX0024 and was withdrawn.

The applicant held an M.D. degree and demonstrated a scholarly record consisting of 10 publications and 180 citations, with peer-reviewed work published as recently as 2025. The petition proceeded without any supporting letters.

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

Notable: This approval is notable for securing NIW approval without recommendation or testimonial letters despite a related EB-1A petition that received an RFE and was withdrawn.

#4: NIW in Environmental Science & Engineering

This NIW approval involved a Research Scholar, born in Pakistan and residing in the United States, who proposes to remain in the same employment. Filed in Environmental Science & Engineering, the petition received an RFE from Officer XM2623 before approval was successfully granted.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 27 publications and 898 citations, with peer-reviewed work published as recently as 2021. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

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

#5: NIW in Applied Economics and Management

This NIW approval involved a Research Economist, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Applied Economics and Management, the petition received an RFE from Officer XM1951 before approval was secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 3 publications and 157 citations, with peer-reviewed research published as recently as 2025. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

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

#6: NIW in Biomedicine

This NIW approval involved a Ph.D. Fellow, born in Iran and residing in Norway, who proposes to work as a Postdoctoral Fellow. Filed in Biomedicine, the petition received an RFE from Officer XM2481 and was initially denied before approval was ultimately granted after an appeal.

The applicant held an M.D. degree and demonstrated a scholarly record consisting of 10 publications and 57 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 with upfront premium processing.

Notable: This approval is notable for securing an NIW in a non-STEM field via a successful appeal following an RFE and denial while the applicant was residing outside the United States.

#7: NIW in Material Science

This NIW approval involved a Ph.D. student, born in Iran and residing in Canada, who proposes to work as a Postdoctoral Researcher. Filed in Material Science, the petition received an RFE from Officer XM1857 before final approval was achieved.

The applicant held a STEM master’s degree and demonstrated an extensive scholarly record consisting of 71 publications and 2,465 citations, with peer-reviewed work published as recently as 2023. The petition proceeded without any supporting letters.

The petition was adjudicated through the Texas Service Center without premium processing and was approved in 935 days.

Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters while the applicant was residing outside the United States.

#8: NIW in Organic Chemistry

This NIW approval involved a Scientist II in industry, born in South Korea and residing in the United States, who proposes to remain in the same employment. Filed in Organic Chemistry, the petition received an RFE from Officer XM2532 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 11 publications and 468 citations, with peer-reviewed research published as recently as 2023. The petition 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.