3 I-140 NIW Approvals After RFE on March 2, 2026

A Request for Evidence (RFE) does not signify the end of a case. In many I-140 filings, an RFE reflects the adjudicator’s request for clearer evidence, tighter framing, or more direct support for eligibility, especially when the record includes uncommon fact patterns, limited traditional documentation, or prior procedural history. The following three success stories highlight petitions that moved forward despite RFE-related complexity, including prior denials or refiled strategies, service center movement, and adjudication by specific officers.

Cases With Inherent Challenges

Complex Procedural History Across NIW Filings

Two approvals in this set involved NIW cases with layered adjudication history, including one matter that followed an earlier EB-1A RFE and denial before the NIW petition moved forward to approval. When a file has prior scrutiny in the background, the NIW presentation must be especially disciplined so the adjudicator can evaluate the evidence under the NIW framework without confusion from earlier positioning, and so any previously flagged issues are addressed with clear, well-organized documentation.

Filing From Outside the United States

One approval involved an applicant residing abroad at the time of filing. In these situations, adjudicators often examine whether the record supports a credible U.S. forward plan and whether the proposed endeavor is explained with enough specificity to show how the work will continue in the United States. A strong NIW filing typically connects the applicant’s existing achievements to a realistic U.S.-based trajectory, while keeping the narrative tightly grounded in the documented record.

Early Career Profiles With Concentrated Impact

This group also included trainees and students transitioning into advanced clinical or industry roles. Early career profiles can draw additional scrutiny because adjudicators may look for sustained influence over time rather than a short burst of activity. In these NIW approvals, the record supported impact that was already visible through objective indicators such as citation reliance and peer-validated publication output, even where the total number of publications was modest.

Limited Letter Support

These approvals also illustrate that NIW cases can succeed with minimal letter support. All three approvals proceeded without recommendation letters, and one case included only a single testimonial letter. In such filings, the petition must rely more heavily on objective documentation and a coherent evidentiary narrative that demonstrates independent recognition and the practical relevance of the proposed work within the NIW framework.

NIW Approvals After RFE (3)

#1: NIW in Artificial Intelligence

Our client, born in Taiwan and currently residing in the United States, is a Ph.D. student and will transition to a research scientist role in industry. The pending EB1A petition is currently addressing an RFE from Officer XM1960

At the time of filing, the client held an M.S. and presented 8 publications with 319 citations, with the most recent peer-reviewed publication dated 2024. 

The case was adjudicated at the NSC, and the strategy included a Premium Processing upgrade after initial filing.

Notable: The case advanced without recommendation or testimonial letters, which placed added importance on objective indicators such as the publication record, citation reliance, and recent peer-reviewed output.

 #2: NIW in Diagnostic and Interventional Radiology

Our client, born in South Korea and currently residing in South Korea, is an assistant professor and pursued a petition in diagnostic and interventional radiology. The adjudication history reflected heightened scrutiny, including an earlier RFE issued by the TSC.

The client holds an M.S. and submitted 19 publications with 167 citations, with the latest peer-reviewed publication dated 2023. 

This case was adjudicated at the TSC without Premium Processing and required 598 days of processing, reflecting the additional time often seen in complex files with prior adverse history and non-premium adjudication.

Notable: The approval followed a documented EB-1A RFE and denial history, highlighting the importance of resetting the case narrative with a focused NIW framework rather than relying on prior petition positioning.

 #3: NIW in Translational Neuroscience

Our client, born in South Korea and currently residing in the United States, is an M.D. student transitioning toward residency training as a resident physician. The NIW petition in translational neuroscience was approved after an RFE issued by Officer XM1910, with the record emphasizing a concentrated impact profile despite a relatively short publication list.

At filing, the client held an M.S. and presented 3 publications with 163 citations, with the most recent peer-reviewed publication dated 2024. 

The case was first adjudicated at the NSC, transferred to the TSC, and then returned to the NSC before approval, and the strategy included a Premium Processing upgrade during the process.

Notable: The service center transfers, combined with RFE scrutiny, underscore how procedural movement can occur even when the core evidence is strong, particularly for early career profiles where citation reliance becomes a central indicator of independent validation.