A Request for Evidence (RFE) or Notice of Intent to Deny (NOID) represents one of the more demanding stages of adjudication in the employment-based immigration process. When USCIS issues an RFE or NOID, the petition undergoes heightened review, during which additional evidence or clarification may be requested regarding the applicant’s qualifications and eligibility under the applicable immigration standard. In some cases, an RFE response may even be followed by a NOID, further extending the adjudication process. Successfully navigating these stages requires an evidentiary record that remains organized, internally consistent, and directly responsive to the concerns raised during review.

The following success stories highlight 15 I-140 approvals involving RFE or NOID review or a prior denied filing. These approvals include 1 EB-1A petition, 1 EB-1B petition, and 13 NIW petitions. Several cases presented circumstances that added complexity to adjudication, including an RFE followed by a NOID, a refiled petition after an earlier denial, multiple service center transfers, and petitions that initially proceeded with limited or no supporting letters.

Cases With Inherent Challenges

RFE, NOID, and Prior Adverse Adjudication Histories

Two approvals involved more complex adjudication histories beyond a single RFE review. One EB-1B petition received an RFE and, after the response was submitted, the petition subsequently received a NOID before finally reaching approval. Another applicant secured NIW approval through a refiled petition after the earlier NIW received an RFE and was denied. These circumstances add complexity because the petitions must continue to establish eligibility while maintaining a clear, consistent, and responsive evidentiary record through additional review or following an earlier adverse outcome.

Multiple Service Center Transfers

Several petitions underwent transfers between the Nebraska Service Center and the Texas Service Center during adjudication. These procedural movements can add administrative complexity because the petition record must remain clearly organized and internally consistent throughout review across different service center operations.

EB-1A Approval After RFE (1)

#1: EB-1A in Translational Biology

This EB-1A approval involved an applicant born in India and residing in the United States who proposes to work as a Scientist, Target Discovery & Validation in industry. Filed in Translational Biology, the petition received an RFE from Officer XM1884 before approval was secured.

The applicant held a STEM Dr. rer. nat. degree and demonstrated a substantial scholarly record consisting of 17 publications and 482 citations, with peer-reviewed work published as recently as 2025. The initial filing included 2 recommendation letters and no testimonial letters, while the RFE response included 2 additional recommendation letters and 2 testimonial letters.

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

EB-1B Approval After RFE and NOID (1)

#2: EB-1B in Electrical and Computer Engineering

This EB-1B approval involved a Research Scientist in industry, born in China and residing in the United States, who proposes to work as a Senior Research Scientist in industry. Filed in Electrical and Computer Engineering, the petition ultimately reached approval after receiving an RFE from the Nebraska Service Center and a NOID from Officer XM1671 following submission of the RFE response.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 11 publications and 64 citations, with peer-reviewed work published as recently as 2025. The initial filing was supported by 5 recommendation letters and proceeded without testimonial letters, while the response included 6 testimonial letters.

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

Notable: This approval is notable for securing EB-1B approval after the petition received an RFE and then a NOID following the submission of the RFE response.

NIW Approvals After RFE (13)

#3: NIW in Material Science

This NIW approval involved a Postdoctoral Associate, born in Taiwan and residing in the United States, who proposes to remain in the same employment. Filed in Material Science, the petition received an RFE from Officer XM2532 before approval was secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 9 publications and 205 citations, with peer-reviewed work published as recently as 2025. The initial petition proceeded without any supporting letters, while 4 recommendation letters were submitted as part of the RFE response.

The adjudication involved transfers 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 while undergoing multiple service center transfers.

#4: NIW in Agricultural Sciences

This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in Nepal and residing in the United States, who proposes to work as an Assistant Professor. Filed in Agricultural Sciences, the petition received an RFE from Officer XM1910 before approval was finally secured.

The applicant held a STEM master’s degree and presented a scholarly record consisting of 5 publications and 19 citations, with peer-reviewed work published as recently as 2024. The initial filing included 3 recommendation letters and no testimonial letters, while 1 additional recommendation letter was submitted as part of the RFE response.

The petition underwent 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.

#5: NIW in Applied Machine Learning

This NIW approval involved a Computer Programmer in industry, born in China and residing in the United States, who proposes to work as a Research Scientist in industry. Filed in Applied Machine Learning, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 7 publications and 130 citations, with peer-reviewed work published as recently as 2026. The initial petition proceeded without any supporting letters, while 4 recommendation letters were submitted with the RFE response.

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

#6: NIW in Biomedical Research

This NIW approval involved a Postdoctoral Fellow in industry, born in Pakistan and residing in the United States, who proposes to remain in the same employment. Filed in Biomedical Research, the petition received an RFE from Officer XM2294 before approval was achieved.

The applicant held a STEM Ph.D. and presented a scholarly record consisting of 5 publications and 125 citations, with peer-reviewed work published as recently as 2021. The initial petition proceeded without any supporting letters, while 1 recommendation letter was submitted as part of the RFE response.

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 Artificial Intelligence

This NIW approval involved a Ph.D. student (Research Assistant), born in China and residing in the United States, who proposes to work as a Professor. Filed in Artificial Intelligence, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 10 publications and 211 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while the RFE response included 3 recommendation letters and 1 testimonial letter.

The petition 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 while undergoing multiple service center transfers.

#8: NIW in Computational Cancer Genomics

This NIW approval involved a Senior Research Associate, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Computational Cancer Genomics, the petition received an RFE from Officer XM2420 before approval was ultimately secured.

The applicant held a master’s degree and demonstrated a scholarly record consisting of 11 publications and 84 citations, with peer-reviewed work published as recently as 2025. The initial petition proceeded without any supporting letters, while 3 recommendation letters were submitted with the RFE response.

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

Notable: This approval is notable for securing NIW approval after RFE review with a non-STEM field.

#9: NIW in Chemistry

This NIW approval involved a Ph.D. student (Research Assistant), born in the United Arab Emirates and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Chemistry, the petition received an RFE from the Texas Service Center before approval was finally secured.

The applicant held a STEM master’s degree and presented a scholarly record consisting of 4 publications and 37 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 1 testimonial letter was submitted as part of the RFE response.

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.

#10: NIW in Artificial Intelligence

This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in Bangladesh and residing in the United States, who proposes to work as a Research Scientist in industry. Filed in Artificial Intelligence, the petition received an RFE from Officer XM2367 before approval was secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 4 publications and 37 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while the RFE response included 4 additional recommendation letters and 1 testimonial letter.

The petition underwent 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.

#11: NIW in Industrial Engineering

This NIW approval involved a Machine Learning Researcher in industry, born in China and residing in the United States, who proposes to work as an Assistant Professor. Filed in Industrial Engineering, the petition received an RFE from the Texas Service Center before approval was secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 7 publications and 101 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and 1 testimonial letter, while 4 additional recommendation letters were submitted with the RFE response.

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

#12: NIW in Microbiology

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

The applicant held a STEM Ph.D. and presented a scholarly record consisting of 9 publications and 109 citations, with peer-reviewed work published as recently as 2023. 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.

#13: NIW in Electrical Engineering

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

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 4 publications and 14 citations, with peer-reviewed work published as recently as 2023. The initial filing was supported by 4 recommendation letters and proceeded without testimonial letters, while 5 additional recommendation letters were submitted with the RFE response.

The petition underwent 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.

#14: NIW in Geophysics

This NIW approval involved a Staff Seismologist in industry, born in Singapore and residing in the United States, who proposes to remain in the same role. Filed in Geophysics, the applicant secured approval through a refiled NIW petition after the earlier NIW received an RFE from Officer XM2496 and was denied.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 5 publications and 62 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 Nebraska Service Center with upfront premium processing.

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

#15: NIW in Chemical Reaction Engineering

This NIW approval involved a Research and Development Engineer in industry, born in Turkey and residing in the United States, who proposes to remain in the same role. Filed in Chemical Reaction Engineering, the petition received an RFE from Officer XM1906 before approval was secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 4 publications and 27 citations, with peer-reviewed work published as recently as 2025. The initial filing included 1 recommendation letter and 2 testimonial letters, while the RFE response included 2 additional recommendation letters and 2 additional testimonial letters.

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