A Request for Evidence (RFE) or Notice of Intent to Deny (NOID) can represent one of the more demanding stages of adjudication in the employment-based immigration process. When USCIS issues an RFE, a petition undergoes additional scrutiny, and further evidence or clarification may be requested regarding the applicant’s qualifications and eligibility under the applicable immigration standard. A NOID can present an additional adjudicative challenge by notifying an applicant that USCIS intends to deny a petition unless the identified concerns are adequately addressed. Successfully navigating heightened review requires an evidentiary record that remains organized, internally consistent, and directly responsive to the concerns raised during adjudication.

The following success stories highlight 4 I-140 approvals, consisting of 1 EB-1A approval, 1 EB-1B approval, and 2 NIW approvals. Several cases presented circumstances that added complexity to adjudication, including an earlier petition denial, a NOID, multiple service center transfers, applicants with relatively modest scholarly records, and a petition initially filed without recommendation or testimonial letters.

Cases With Inherent Challenges

Prior Petition Denial and Refiling

One EB-1A approval involved an applicant whose initial petition received an RFE and was subsequently denied before approval was secured through a refiled petition. This circumstance added procedural complexity because the subsequent petition needed to independently demonstrate eligibility under the applicable extraordinary ability standard despite the earlier unfavorable adjudication outcome.

Multiple Service Center Transfers

One petition underwent multiple transfers between the Nebraska Service Center and the Texas Service Center during adjudication. Such procedural movement can add administrative complexity because the evidentiary 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 Artificial Intelligence Engineering

This EB-1A approval involved a Member of Technical Staff in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Artificial Intelligence Engineering, the applicant secured EB-1A approval through a refiled petition after an earlier EB-1A petition received an RFE from Officer XM1882 and was subsequently denied.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 9 publications and 207 citations, with peer-reviewed work published as recently as 2026. The filing included 8 recommendation letters and 5 testimonial letters.

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

Notable: This approval is notable for securing EB-1A approval through a refiled petition following an earlier petition that received an RFE and was denied.

EB-1B Approval After NOID (1)

#2: EB-1B in Mechanical Engineering

This EB-1B approval involved an Assistant Professor, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Mechanical Engineering, the petition received a NOID from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 12 publications and 77 citations, with peer-reviewed work published as recently as 2026. The initial filing included 4 recommendation letters and no testimonial letters, while 1 additional recommendation letter was submitted as part of the NOID response.

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

NIW Approvals After RFE (2)

#3: NIW in Computational Healthcare

This NIW approval involved a Graduate Research Fellow, born in India and residing in the United States, who proposes to work as a Data Scientist - Digital Measures in industry. Filed in Computational Healthcare, the petition received an RFE from Officer XM2055 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 8 publications and 172 citations, with peer-reviewed work published as recently as 2025. The initial petition proceeded without any supporting letters, while 2 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 upfront premium processing.

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

#4: NIW in Electrical and Computer Engineering

This NIW approval involved a CRB Survey UAV & Chemical Applicator, born in Iran and residing in the United States, who proposes to remain in the same employment. Filed in Electrical and Computer Engineering, the petition received an RFE from Officer TSC2486 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 16 publications and 34 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without recommendation letters and included 1 testimonial letter, while 7 recommendation letters and 1 additional testimonial letter were submitted as part of the RFE response.

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