1 I-140 Approval After RFE on April 1, 2026
A Request for Evidence, or RFE, is not a final adjudication outcome. In the I-140 context, it often signals that the adjudicating officer requires a clearer explanation of eligibility, a stronger connection between the applicant’s record and the governing legal framework, or a more persuasive account of the applicant’s proposed work and future role. Even when approval is ultimately achieved, an RFE usually marks a more demanding phase of review in which the petition must remain coherent and persuasive under closer scrutiny.
The following success story highlights an NIW approval secured after an earlier petition had already encountered RFE scrutiny and ended in denial. This matter reflects a particularly demanding adjudicative path because the successful filing did not arise from a straightforward initial approval. Instead, it involved a refiled NIW case following an earlier adverse result, while also presenting a more compact scholarly record and a non-STEM profile without an advanced degree. Taken together, those features make this approval a useful example of how complexity can arise from both procedural history and the applicant’s overall credentials.
Cases With Inherent Challenges
Approval After RFE and Denial in an Earlier NIW Filing
The approved NIW petition followed an earlier NIW filing that had already received an RFE and was denied. That prior history made the later approval especially notable, since the applicant’s eligibility had already been tested under heightened scrutiny before the successful refiled petition moved forward.
Refiled NIW Based on Exceptional Ability Rather Than an Advanced Degree
The approved petition did not rely on the more common advanced-degree framework. Instead, the case proceeded as a refiled NIW for an applicant described as not being in a STEM field and without an advanced degree, with eligibility framed through exceptional ability. That combination adds complexity because it reflects a different evidentiary posture from many NIW approvals involving doctorate-level STEM researchers.
Compact Scholarly Record in a Post-Denial Context
The applicant also presented a relatively compact scholarly profile consisting of 12 publications and 58 citations, with the latest peer-reviewed publication dating to 2025. In a case that already carried the complication of an earlier RFE and denial, that profile is notable because it shows that the adjudicative challenge did not turn on a particularly large publication or citation record.
NIW Approvals After RFE (1)
#1: NIW in Metabolic Disease
This NIW approval involved a Ph.D. candidate born in China and residing in Canada, who proposes to work as a Principal Investigator (PI). Filed in Metabolic Disease, this successful petition was a refiled NIW case, following an earlier NIW filing that had received an RFE from Officer EX0832 and ended in denial.
The applicant did not hold an advanced degree and was identified as non-STEM, with the petition instead proceeding under an exceptional ability framework. The filing presented a developed scholarly record that included 12 publications and 58 citations, with the latest peer-reviewed publication dating to 2025. The case was supported by two recommendation letters and one testimonial letter.
The matter proceeded through the Nebraska Service Center and utilized a premium processing upgrade.
Notable: This case is notable for achieving NIW approval while the applicant was outside the United States, through a refiled petition after a prior NIW denial following an RFE, and without an advanced degree through the exceptional ability pathway.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.