3 I-140 Approvals After RFE on March 5, 2026

A Request for Evidence (RFE) is not a denial, but it does mean USCIS has identified issues that require additional documentation or clarification before it can approve a petition. Responding effectively often requires careful legal framing, strong documentary support, and a clear presentation of how the record satisfies the classification standard. The following three success stories involve EB-1A I-140 petitions that received RFEs and were ultimately approved.

Cases With Inherent Challenges

Many post-RFE approvals involve case features that tend to draw closer scrutiny from adjudicators. In this group, the petitions included circumstances such as filing under EB-1A with only a master’s degree, pursuing approval in a non-STEM-designated field, and presenting profiles centered on industry-based work rather than traditional academic appointments. These are all issues that can complicate adjudication.

EB-1A Without a Ph.D.

One of the three approvals in this batch was for an applicant holding a master’s degree rather than a Ph.D. While a doctoral degree is not required for EB-1A classification, applicants without one may face more skepticism when USCIS evaluates whether the record demonstrates sustained acclaim and a level of expertise placing the individual among the small percentage at the top of the field. That issue is especially important in cases where the applicant is working in industry rather than in a conventional research track.

Non-STEM Designated Field

This batch also included an EB-1A approval in Software Developers, Applications, which was identified as a non-STEM field. Cases outside traditionally research-heavy STEM classifications can receive added scrutiny because adjudicators may look more closely at how the applicant’s achievements, publication record, and broader influence demonstrate extraordinary ability. When an RFE is issued in that setting, the response must connect the documentary evidence to the field-specific context in a precise way.

Industry-Based Employment Profiles

Two of the three approvals involved applicants working in industry, and in each instance, the proposed employment remained the same as the current role. Industry-based EB-1A cases can require especially careful presentation because the response must show that the applicant’s impact extends beyond routine employment responsibilities. After RFE, it becomes even more important to frame publications, citations, and supporting letters in a way that shows broader recognition and influence in the field rather than simple competence in a company position.

 EB-1A Approvals After RFE (3)

#1: EB-1A in Earth Science-Hydrology

Our client, born in China and residing in the United States, worked as a Postdoctoral Fellow and sought approval under EB-1A in Earth Science-Hydrology while continuing in the same employment. 

The applicant held a Ph.D. and had built a strong scholarly record that included 19 publications and 755 citations, with peer-reviewed work continuing as recently as 2025. The petition was supported by 4 recommendation letters.

This case was handled through the Nebraska Service Center, transferred to the Texas Service Center, and then transferred back to the Nebraska Service Center, with upfront premium processing. The case also involved an RFE issued by Officer XM1258, adding another layer of adjudicative complexity before approval was secured.

Notable: The case received an RFE and was transferred between service centers before ultimate approval.

 #2: EB-1A in Software Developers, Applications

Our client, born in India and residing in the United States, worked as a Senior Applications Development Analyst in the industry and pursued EB-1A classification while remaining in the same position. The petition was filed in the field of Software Developers, Applications, which is identified as non-STEM.

The applicant held a master’s degree and had 17 publications and 364 citations, with the most recent peer-reviewed publication appearing in 2024. The petition included 5 recommendation letters.

The case was adjudicated at the Texas Service Center with a premium processing upgrade and received an RFE from Officer XM1642. The record combined several features that often invite closer review, including a non-STEM field, an industry-based role, and EB-1A eligibility presented without a doctoral degree.

Notable: The applicant secured EB-1A approval with a master’s degree in a non-STEM-designated field after RFE, while working in an industry role rather than a traditional academic appointment.

 #3: EB-1A in Biotechnologies

Our client, born in China and residing in the United States, worked as a Scientist in industry and sought EB-1A classification in biotechnology while continuing in the same employment. 

The applicant held a Ph.D. and had 9 publications and 158 citations at the time of filing, with the latest peer-reviewed publication dated 2025. The petition was supported by 4 recommendation letters.

This petition was adjudicated at the Texas Service Center with upfront premium processing and received an RFE from Officer XM1728 before it was ultimately approved. Although the citation count in this case was lower than in some other EB-1A matters, the record still supported approval, showing that overall case strength depends on the full evidentiary presentation rather than any single numerical benchmark.

Notable: This was an EB-1A approval for an applicant working in industry with 158 citations after RFE, showing that a well-supported response can succeed even where the citation profile is more modest than in some other extraordinary ability cases.