1 I-140 Approval After RFE on May 25, 2026
A Request for Evidence, or RFE, is not a final adjudication outcome, but rather a more demanding stage of review in the I-140 adjudication process. An RFE generally indicates that the adjudicating officer requires a clearer articulation of eligibility, a stronger evidentiary connection between the applicant’s accomplishments and the governing legal standard, or additional clarification regarding the applicant’s proposed work and broader impact. When an applicant has encountered RFE review or denial in a separate petition category, the overall adjudicative history may become more complex, especially when multiple immigrant classifications are involved.
The following success story highlights one I-140 NIW approval involving a petitioner who also pursued a separate EB-1A petition after the NIW filing. While the NIW petition ultimately secured approval, the later EB-1A petition received an RFE and was denied, reflecting the different evidentiary demands and adjudicative standards that may apply across employment-based immigrant petition categories.
Cases With Inherent Challenges
Separate EB-1A Filing After NIW Review
This approval involved an NIW petition that ultimately reached approval while a later EB-1A petition encountered heightened scrutiny and denial after RFE review. This procedural sequence adds complexity because the applicant pursued separate immigrant classifications, each requiring a distinct legal and evidentiary presentation.
Moderate Scholarly Profile with Strong Citation Activity
The approval also involved a research profile supported by 7 publications and 289 citations. While the publication count was not extensive, the citation record helped demonstrate independent reliance on the applicant’s work, making the overall evidentiary presentation important to the NIW adjudication.
NIW Approval After RFE (1)
#1: NIW in Engineering
This NIW approval involved a Postdoctoral Researcher, born in Malaysia and residing in the United States, who proposes to continue in the same role. Filed in Engineering, the applicant initially filed an NIW petition, followed by an EB1A petition. The NIW has been approved, while the EB1A has received an RFE from Officer XM2254 and was denied.
The applicant held a STEM Ph.D. and presented a credible scholarly profile consisting of 7 publications and 289 citations, with peer-reviewed work published as recently as 2023. The filing included two recommendation letters and proceeded without testimonial letters.
The NIW petition proceeded through the Nebraska Service Center with a premium processing upgrade during adjudication.
Notable: This approval is notable for securing NIW approval while a separate EB-1A petition filed later received RFE review and was ultimately 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.