1 I-140 Approval After RFE on April 7, 2026
A Request for Evidence, or RFE, is not a final adjudication outcome. In the I-140 context, it often reflects the adjudicating officer’s need for a clearer explanation of eligibility, a stronger evidentiary connection between the applicant’s record and the governing legal standard, or a more persuasive account of the applicant’s proposed work and future role. Even when approval is ultimately secured, an RFE usually marks a more demanding stage 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 filing had already encountered RFE scrutiny and ended in denial. This matter reflects a more demanding adjudicative path because the successful petition did not arise from a straightforward initial filing. Instead, it involved a refiled NIW case after a prior adverse outcome, while also presenting a scholarly profile that was solid but not unusually large. Taken together, those features make this approval a useful example of how procedural history and overall evidentiary presentation can combine to create a more complex adjudicative record.
Cases With Inherent Challenges
Approval After RFE and Denial in an Earlier NIW Filing
The approved petition followed an earlier NIW filing that had received an RFE and was ultimately denied. That prior history made the later approval especially notable because the applicant’s eligibility had already been tested under heightened scrutiny before the successful refiled petition moved forward.
Refiled NIW Approval in the Same Professional Role
This approved matter also stands out because the applicant did not present a major shift in professional direction. Instead, the petition was filed for an individual who proposed to remain in the same transportation engineering role as their current employment. In a refiled case following an earlier denial, that kind of continuity can be significant because the petition still needed to persuasively explain why the applicant’s existing work warranted approval under the NIW framework.
Moderately Developed Scholarly Record in a Refiled Context
The applicant presented a developed scholarly profile consisting of 8 publications and 116 citations, with the latest peer-reviewed publication dating to 2025. In the context of a refiled NIW after an earlier RFE and denial, that record is notable because the approval did not rest on an unusually large publication count, but instead on a record that still had to remain persuasive after prior adjudicative scrutiny.
NIW Approvals After RFE (1)
#1: NIW in Transportation Engineering
This NIW approval involved a Postdoctoral Scholar born in South Korea and residing in the United States, who proposes to remain in the same role. Filed in Transportation Engineering, the successful petition was a refiled NIW case following an earlier NIW filing that had received an RFE from Officer XM2616 and ended in denial.
The applicant held a STEM Ph.D. and presented a developed scholarly record that included 8 publications and 116 citations, with the latest peer-reviewed publication dating to 2025. The filing was supported by one recommendation letter and no testimonial letters.
The matter proceeded through the Texas Service Center and utilized a premium processing upgrade.
Notable: This case stands out for securing an NIW approval through a refiled petition after an earlier filing received an RFE and was denied.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.