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 may request additional documentation, clarification of the applicant’s qualifications, or a more persuasive explanation connecting the submitted evidence to the applicable immigration standard. Successfully navigating this stage requires an evidentiary record that remains organized, internally consistent, and directly responsive to the concerns raised during adjudication.

The following success stories highlight 9 I-140 NIW approvals after RFE or NOID review. Several cases involved circumstances that added complexity to adjudication, including multiple service center transfers, petitions involving applicants without advanced degrees, and limited or no recommendation or testimonial letters.

Cases With Inherent Challenges

Multiple Service Center Transfers

Several petitions were transferred between the Texas Service Center and the Nebraska Service Center during adjudication, with some undergoing more than one transfer before approval. Such procedural movement adds complexity because the evidentiary record and legal arguments must remain clear and consistent throughout review by different service center operations.

Limited or No Supporting Letters

Several petitions relied on relatively few recommendation or testimonial letters, while two proceeded without any supporting letters. In these cases, objective evidence such as academic credentials, publication records, citation impact, professional experience, and the documented significance of the applicants’ work assumed greater importance in establishing eligibility.

NIW Approvals After RFE or NOID (9)

#1: NIW in Computer Science

This NIW approval involved a Master's student (Graduate Research Assistantship), born in China and residing in the United States, who proposes to become an Assistant Professor. Filed in Computer Science, the petition received a NOID from the Nebraska Service Center before approval was ultimately secured.

The applicant did not hold an advanced degree and qualified through the exceptional ability pathway. At filing, the applicant demonstrated a scholarly record consisting of 3 publications and 229 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 3 recommendation letters and 1 testimonial letter.

The adjudication involved transfers from the Texas Service Center to the Nebraska Service Center and then back to the Texas Service Center with upfront premium processing.

Notable: This approval is notable for securing NIW approval after NOID review through the exceptional ability pathway while undergoing multiple service center transfers.

#2: NIW in Robotic Systems and Intelligent Perception

This NIW approval involved a PhD student (Graduate Research Assistant), born in Bangladesh and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Robotic Systems and Intelligent Perception, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant holds a STEM master's degree and demonstrated a scholarly record consisting of 3 publications and 52 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

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

#3: NIW in Semiconductors and Microelectronics

This NIW approval involved a Process Engineer IV in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Semiconductors and Microelectronics, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant holds a STEM Ph.D. and presented a scholarly profile consisting of 4 publications and 103 citations, with peer-reviewed work published as recently as 2022. The filing was supported by 1 recommendation letter 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.

#4: NIW in Electrical Engineering

This NIW approval involved a Commercial Sales Engineer in industry, born in Bangladesh and residing in the United States, who proposes to continue in the same employment. Filed in Electrical Engineering, the petition received an RFE from Officer EX5133 before approval was ultimately secured.

The applicant holds a STEM master's degree and demonstrated a scholarly record consisting of 10 publications and 110 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 Texas Service Center to the Nebraska Service Center and then back to the Texas 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.

#5: NIW in Cancer Immunology

This NIW approval involved a PhD student, born in China and residing in the United States, who proposes to work as a Scientist in industry. Filed in Cancer Immunology, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant did not hold an advanced degree and qualified through the exceptional ability pathway. At filing, the applicant demonstrated a scholarly profile consisting of 4 publications and 55 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without recommendation letters and was supported by 2 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 through the exceptional ability pathway while undergoing multiple service center transfers.

#6: NIW in Biomedical Engineering

This NIW approval involved a Postdoctoral Research Fellow, born in Pakistan and residing in the United States, who proposes to remain in the same employment. Filed in Biomedical Engineering, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated a scholarly record consisting of 8 publications and 107 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 Computer Vision

This NIW approval involved a Ph.D. Student Researcher, born in China and residing in the United States, who proposes to become an Assistant Professor. Filed in Computer Vision, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant holds a STEM master's degree and demonstrated a scholarly profile consisting of 4 publications and 65 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without any supporting letters.

The petition was transferred from the Texas Service Center 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.

#8: NIW in Mass Communication

This NIW approval involved an Assistant Professor in Strategic Communication, born in Pakistan and residing in the United States, who proposes to remain in the same employment. Filed in Mass Communication, the petition received an RFE from Officer XM1988 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and presented a scholarly record consisting of 25 publications and 104 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 4 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.

#9: NIW in Public Health

This NIW approval involved a Postdoctoral Research Fellow in Health System Research, born in Ethiopia and residing in the United States, who proposes to work as a Postdoctoral Researcher in Pediatric Infectious Disease and Nutrition. Filed in Public Health, the petition received an RFE from Officer XM1988 before approval was ultimately secured.

The applicant holds a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 61 publications and 2,427 citations, with peer-reviewed work published as recently as 2023. The filing proceeded without any supporting letters.

The petition was adjudicated through the Texas Service Center without premium processing and was approved in 758 days.

Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters.