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 scrutiny, and the adjudicating officer may request additional evidence or clarification regarding the applicant’s qualifications and eligibility under 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 review.

The following success stories highlight 15 I-140 approvals involving RFE or NOID review or related adverse petition histories. These approvals include 1 EB-1A petition, 2 EB-1B petitions, and 12 NIW petitions. Several cases presented circumstances that added complexity to adjudication, including a related denied petition, a refiled EB-1B petition following a NOID and denial, multiple service center transfers, limited or no supporting letters, and an applicant residing outside the United States.

Cases With Inherent Challenges

Related Petition Histories Involving RFE or NOID Review and Denial

Two approvals involved applicants with adverse histories in related petitions. One applicant secured NIW approval despite a related EB-1A petition that received an RFE and was denied, while another secured approval through a refiled EB-1B petition after the first EB-1B received a NOID and was denied. Such circumstances can add complexity because the later or related petition must independently establish eligibility under its applicable legal standard while maintaining a coherent evidentiary record in light of earlier adjudication outcomes.

Multiple Service Center Transfers

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

Limited or No Supporting Letters

Several petitions proceeded with limited supporting letters at filing, while some initially included no supporting letters at all. In certain cases, additional recommendation or testimonial letters were submitted as part of the RFE response, while one petition proceeded without supporting letters even after RFE review. These cases required the overall evidentiary record to establish eligibility through the applicants’ academic credentials, publication records, citation impact, professional background, and other submitted evidence.

EB-1A Approval After RFE (1)

#1: EB-1A in Biomedical Informatics

This EB-1A approval involved an Instructor, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Biomedical Informatics, the petition received an RFE from the Nebraska Service Center before approval was secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 17 publications and 674 citations, with peer-reviewed work published as recently as 2026. The initial filing was supported by 4 recommendation letters and proceeded without testimonial letters, while 2 additional recommendation letters were submitted as part of the RFE response.

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

EB-1B Approvals After NOID (2)

#2: EB-1B in Statistics

This EB-1B approval involved a Senior Scientist in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Statistics, the petition received a NOID from Officer XM1267 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 4 publications and 104 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and no testimonial letters, while 2 testimonial letters were submitted with the NOID response.

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

#3: EB-1B in Electrical Engineering

This EB-1B approval involved an Engineer-Senior Staff in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Electrical Engineering, the applicant secured approval through a refiled petition after the first EB-1B received a NOID from Officer NSC0221 and was denied.

The applicant held a STEM Ph.D. and presented a scholarly record consisting of 3 publications and 121 citations, with peer-reviewed work published as recently as 2025. The petition was supported by 6 recommendation letters and 2 testimonial letters.

The petition was adjudicated through the Service Center Operations Directorate (SCOPS) Texas Facility without premium processing and was approved in 260 days.

Notable: This approval is notable for securing EB-1B approval through a refiled petition after the applicant’s first EB-1B received a NOID and was denied.

NIW Approvals After RFE (12)

#4: NIW in Cosmology

This NIW approval involved a Research Associate, born in South Korea and residing in the United States, who proposes to remain in the same employment. Filed in Cosmology, 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 XM0132 and was denied.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 20 publications and 833 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 receiving an RFE and being denied.

#5: NIW in Earthquake Engineering

This NIW approval involved a Ph.D. student (Graduate Student Researcher), born in South Korea and residing in the United States, who proposes to work as a Tenure-track Professor. Filed in Earthquake Engineering, the petition received an RFE from Officer EX5089 before approval was secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 7 publications and 184 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and no testimonial letters, while 3 additional recommendation letters were submitted as part of the RFE response.

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

#6: NIW in Epidemiology

This NIW approval involved a Basic Scientist Assistant 1, born in Vietnam and residing in the United States, who proposes to remain in the same employment. Filed in Epidemiology, the petition received an RFE from Officer XM2532 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 25 publications and 465 citations, with peer-reviewed work published as recently as 2025. The initial filing was supported by 2 recommendation letters and no testimonial letters, while the RFE response included 2 additional recommendation letters and 1 testimonial letter.

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 Neurology

This NIW approval involved an Academic Chief Resident, born in Pakistan and residing in the United States, who proposes to work as a Neurology Resident Doctor and Academic Chief Resident. Filed in Neurology, the petition received an RFE from Officer XM2479 before approval was secured.

The applicant held an M.B.B.S. degree and demonstrated a scholarly record consisting of 7 publications and 26 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 3 additional recommendation letters were submitted as part of the RFE response.

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

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

#8: NIW in Radiology

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

The applicant held an M.D. degree and demonstrated an extensive scholarly record consisting of 47 publications and 302 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 2 recommendation letters and 1 additional testimonial letter 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 a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field while undergoing multiple service center transfers.

#9: NIW in Chemical Engineering

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 Chemical Engineering, the petition received an RFE from Officer XM1926 before approval was secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 14 publications and 120 citations, with peer-reviewed work published as recently as 2024. The initial petition proceeded without any supporting letters, while 1 testimonial letter was submitted with 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 Condensed Matter Physics

This NIW approval involved an applicant working in Condensed Matter Physics, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Condensed Matter Physics, the petition received an RFE from Officer XM2175 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 9 publications and 117 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 5 recommendation letters and 3 additional testimonial letters were submitted as part of the RFE response.

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

#11: NIW in Food Technology

This NIW approval involved a Laboratory Operations Specialist, born in Sri Lanka and residing in the United States, who proposes to remain in the same employment. Filed in Food Technology, the petition received an RFE from the Texas Service Center before approval was secured.

The applicant held a STEM Ph.D. and presented a scholarly record consisting of 2 publications and 18 citations, with peer-reviewed work published as recently as 2023. The initial filing was supported by 1 recommendation letter and 1 testimonial letter, while 3 additional recommendation letters and 2 additional testimonial 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.

#12: NIW in Computer Science

This NIW approval involved a Principal Engineer in industry, born and residing in South Korea, who proposes to work as a Solid-State Drive (SSD) Software Architect in industry. Filed in Computer Science, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 6 publications and 358 citations, with peer-reviewed work published as recently as 2022. 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 and undergoing multiple service center transfers while residing outside the United States.

#13: NIW in Tissue Regeneration

This NIW approval involved a Postdoctoral Fellow, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Tissue Regeneration, the petition received an RFE from Officer XM2560 before approval was secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 6 publications and 173 citations, with peer-reviewed work published as recently as 2023. The initial petition proceeded without supporting letters, while 2 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.

#14: NIW in Semiconductor Microelectronics

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

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 16 publications and 197 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 3 recommendation letters and 1 testimonial letter.

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.

#15: NIW in Machine Learning

This NIW approval involved a Machine Learning Engineer in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Machine Learning, the petition received an RFE from Officer XM2560 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 4 publications and 175 citations, with peer-reviewed work published as recently as 2022. The initial filing was supported by 4 recommendation letters and proceeded without testimonial letters, while 4 additional 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 a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review while undergoing multiple service center transfers.