4 I-140 Approvals After RFE on March 6, 2026
2026-03-09, BY wegreened
A Request for Evidence (RFE) is not a final decision. It signals that the adjudicating officer needs additional documentation or a clearer legal framework before completing the review. RFEs are common in complex I-140 matters where USCIS applies heightened scrutiny to eligibility, role alignment, or how the evidence supports the governing standard, even when the underlying profile is strong.
The following four success stories summarize I-140 petitions that ultimately secured approval despite RFE-related adjudication hurdles, including one case that overcame both an initial denial and an appeal before reaching approval.
Cases With Inherent Challenges
Prior RFE Followed by Denial and Approval After Appeal
One of the approvals in this batch involves a petition that was not only issued an RFE but also denied before ultimately being approved after an appeal. This trajectory requires a substantially more disciplined and comprehensive presentation of the record at each stage, since the officer is reviewing a case that has already been scrutinized and found deficient in an earlier round.
Long Non-Premium Timelines Without Upgraded Processing
This batch includes one NIW petition that reached approval without a premium processing upgrade. Non-premium adjudication timelines can extend considerably and often increase the likelihood of an RFE cycle. A successful outcome in this posture typically depends on presenting a record that is both comprehensive at initial filing and well-organized enough to support a clear, step-by-step RFE response when required.
Industry Transition and Developing Publication Records
Several cases in this group involve applicants transitioning between roles, from industry-based positions to research roles and vice versa, or carrying publication and citation records that fall below the thresholds typically seen in NIW petitions. In these scenarios, the evidence strategy must work harder to connect the applicant's proposed endeavor to clear national benefit, while also demonstrating sufficient momentum and credibility through publications, recent activity, and other objective indicators that the officer can independently assess.
Service Center Transfers and Procedural Complexity
One EB-1A petition in this batch experienced a service center transfer from NSC to TSC before reaching approval. Transfers of this kind can introduce additional procedural complexity, since the case record may be reviewed by an officer at a different center under a somewhat different adjudication posture. Maintaining a consistent, well-documented record is especially important in these circumstances.
EB-1A Approval After RFE (1)
#1: EB-1A in Advanced Manufacturing
This EB-1A was approved for an applicant born in China and residing in the United States, currently employed as a Process Engineer in the industry, and will transition to a Development Engineer role in the same sector.
The applicant held a Ph.D. and had 17 publications and 230 citations, with the most recent peer-reviewed publication dated 2022, supported by four recommendation letters.
The petition received an RFE from officer XM2259 and involved a service center transfer from NSC to TSC and back to NSC before reaching approval with a premium processing upgrade.
Notable: The petition received an RFE from officer XM2259 and was transferred between service centers before approval.
NIW Approvals After RFE (3)
#2: NIW in Synthetic Organic Chemistry
The applicant in this NIW case was born in the United Kingdom and is residing in the United States, working as an Associate Scientist and Postdoctoral Research Fellow in industry, and proposing to continue in the same role.
The applicant held a Ph.D. and had 3 publications with 226 citations and a latest peer-reviewed publication dated 2023, with four recommendation letters.
The petition received an RFE from TSC and proceeded through regular processing, reaching approval after 608 days.
Notable: The petition received an RFE from TSC and was approved after 608 days in non-premium processing.
#3: NIW in Mechanical Engineering
Born in China and residing in the United States, the applicant is currently a Postdoctoral Fellow and will transition to a Research Scientist role.
The client held a Ph.D. in a STEM field, with 7 publications and 59 citations, a latest peer-reviewed publication dated 2023, and two recommendation letters.
After receiving an RFE from officer XM1560 and a subsequent denial, the petition was ultimately approved following an appeal at the Texas Service Center with a premium processing upgrade.
Notable: The petition received an RFE from officer XM1560, was denied, and was approved after appeal at TSC with a premium processing upgrade.
#4: NIW in Computer Vision
This NIW petition was filed by an applicant born in China and residing in the United States, currently working as a Research Scientist Intern and will transition to a Postdoctoral Researcher role.
Holding a Ph.D. in a STEM field, the applicant documented 33 publications and 3,249 citations with a latest peer-reviewed publication dated 2024, and the filing proceeded without supporting letters.
The petition received an RFE from officer XM2513 and was approved at the Texas Service Center with upfront premium processing.
Notable: The petition received an RFE and was approved at TSC with upfront premium processing, without any recommendation or testimonial letters.
The key to our success is the way in which we present supporting evidence and provide the highest quality petition letters. With over 64,000 I-140 EB-1 ( EB-1A Alien of Extraordinary Ability; EB-1B Outstanding Researcher or Professor), EB-2 NIW (National Interest Waiver) and O-1 approvals, our firm has acquired substantial information about USCIS decisions, which gives us significant advantage over firms that only handle a small number of cases.
Based on our close track of USCIS internal memoranda, AAO decisions, and judicial review decisions, we have unique insight into the USCIS adjudication trends. Not only do we apply this insight into our approaches to our clients' cases, but we also carefully review all RFEs (Requests for Evidence), NOIDs (Notices of Intent to Deny), approvals, and denials issued on our cases so that we can further increase our understanding of USCIS strategies and decision-making processes. With the insight, we are able to advise our clients on the best ways to proceed with their petitions.
While other petitioners and attorneys may still use templates to draft recommendation letters or petition letters, our clients' recommendation letters and petition letters are tailored to their individual credentials to best persuade a USCIS officer that our clients meet the requirements of the category they are applying under and therefore their petitions deserve to be approved. To provide the best EB-1 and EB-2 NIW services, our law firm only selects attorneys who have received their professional Juris Doctor degrees from the top law schools in the U.S. and who have garnered rigorous analytical skills through years of experience.