10 I-140 Approvals After RFE on May 6, 2026

A Request for Evidence, or RFE, is not a final adjudication outcome, but it signals that a petition has entered a more demanding stage of review. In the I-140 context, an RFE reflects the adjudicating officer’s need for a clearer articulation of eligibility, a stronger evidentiary connection between the applicant’s record and the governing legal standard, or a more persuasive explanation of the proposed work. Once a case progresses beyond this stage, the petition is evaluated under heightened scrutiny and must remain coherent, consistent, and well-supported to achieve approval.

The following ten success stories highlight I-140 approvals secured after RFE review or complex adjudication history, including four EB-1A approvals and six NIW approvals. These cases reflect varying levels of evidentiary strength, procedural movement, and prior adjudication histories, demonstrating how petitions can still succeed under increased scrutiny when the overall record remains persuasive.

Cases With Inherent Challenges

Complex Adjudication and Refiling History

One approval navigated a remarkably complex procedural path, involving a previously approved NIW that had received an RFE, alongside multiple prior EB-1A denials following RFEs. This level of prior scrutiny demands a highly strategic repositioning of the applicant's record to successfully establish credibility and satisfy the classification standard on subsequent attempts.

Multiple Service Center Transfers

Several cases experienced intricate procedural movements, including transfers between the Nebraska Service Center and the Texas Service Center. Such cross-service-center movement requires the petition to maintain strict consistency and clarity across different reviewing environments and adjudicative perspectives.

Limited Supporting Documentation

Two cases proceeded without any supporting letters, placing the entire burden of proof on the applicant's objective record. In these situations, the strength of the publication and citation profile must inherently carry greater weight to establish eligibility and demonstrate a record of sustained impact.

Extended Processing Time and Non-STEM Classification

One case was filed in a non-STEM field with upfront premium processing, while another non-STEM case underwent an extended adjudication period of over 1,000 days under regular processing. This required the core arguments to remain resilient and relevant over a nearly three-year period while addressing specific classification nuances.

EB-1A Approvals After RFE (4)

#1: EB-1A in Cell Biology

This EB-1A approval involved a Research Scientist III, born in China and residing in the United States, who proposes to continue in the same role. Filed in Cell Biology, the petition received an RFE from Officer EX0070 before approval was ultimately secured.

The applicant held a Ph.D. and presented a robust scholarly record consisting of 19 publications and 317 citations, with recent peer-reviewed work published in 2023. The petition was supported by four recommendation letters and no testimonial letters.

The case experienced a procedural transfer from the Nebraska Service Center to the Texas Service Center and was adjudicated with a premium processing upgrade.

#2: EB-1A in Electrochemical Engineering

This EB-1A approval involved a Senior Applications Engineer, born in China and residing in the United States, who proposes to continue in the same role. Filed in Electrochemical Engineering, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a credible academic record consisting of 8 publications and 128 citations, with recent peer-reviewed work published in 2024. The filing included six recommendation letters and no testimonial letters.

The adjudication involved multiple transfers, moving from the Texas Service Center to the Nebraska Service Center and back to the Texas Service Center, utilizing a premium processing upgrade.

Notable: This approval is notable for securing EB-1A classification despite experiencing multiple procedural transfers between service centers.

#3: EB-1A in Abdominal Radiology

This EB-1A approval involved an applicant born and currently residing in China, who proposes to become a Clinical Fellow. Filed in Abdominal Radiology, the applicant had previously secured an NIW following an RFE from Officer XM2371, but faced multiple EB-1A denials after RFEs from Officers XM2108 and EX0002 before this successful refile overcame a final RFE from Officer EX0718.

The applicant held a STEM M.S. degree and presented a strong scholarly record consisting of 31 publications and 335 citations, with recent peer-reviewed work published in 2024. The petition was supported by 10 recommendation letters and no testimonial letters.

The case experienced multiple transfers between the Texas Service Center and the Nebraska Service Center before returning to the Texas Service Center, advancing with a premium processing upgrade.

Notable: This approval is notable for achieving success for an applicant residing outside the United States at the time of filing, successfully overcoming multiple prior EB-1A denials and intensive adjudicative scrutiny across multiple refile filings and service center transfers.

#4: EB-1A in Chemistry

This EB-1A approval involved a Chemist, born in China and residing in the United States, who proposes to become a Senior Research Chemist II, Process R&D. Filed in Chemistry, the petition received an RFE from Officer XM2479 before approval was ultimately secured.

The applicant held a STEM Ph.D. and had 11 publications with 281 citations and recent peer-reviewed work published in 2024. The filing included four recommendation letters and no testimonial letters.

The case was transferred from the Texas Service Center to the Nebraska Service Center and then returned to the Texas Service Center, utilizing upfront premium processing.

Notable: This approval is notable for achieving EB-1A approval while navigating multiple service center transfers.

NIW Approvals After RFE (6)

#5: NIW in Biophysics

This NIW approval involved a Biophysics Researcher, born in Sri Lanka and residing in the United States, who proposes to become a Postdoctoral Research Associate. Filed in Biophysics, the petition received an RFE from the Nebraska Service Center before ultimately being approved.

The applicant held a STEM Ph.D. and presented a scholarly record consisting of 3 publications and 78 citations, with recent peer-reviewed work published in 2023. The petition was supported by two recommendation letters and no testimonial letters.

The case was adjudicated at the Nebraska Service Center with a premium processing upgrade.

#6: NIW in Electrical & Computer Engineering

This NIW approval involved a Graduate Research Associate, born in Turkey and residing in the United States, who proposes to become a Researcher. Filed in Electrical and Computer Engineering, the petition received an RFE from Officer XM2055 before final approval was achieved.

The applicant held a STEM Ph.D. and presented a developing academic record consisting of 12 publications and 55 citations, with the most recent peer-reviewed work published in 2021. The filing utilized two recommendation letters and no testimonial letters.

The case experienced a procedural transfer from the Nebraska Service Center to the Texas Service Center with a premium processing upgrade.

#7: NIW in Molecular Virology

This NIW approval involved a Research Investigator, born in India and residing in the United States, who proposes to remain in the same role. Filed in Molecular Virology, the petition received an RFE from Officer XM2055 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a scholarly record consisting of 13 publications and 475 citations, with recent peer-reviewed work published in 2025. The filing proceeded without any supporting letters.

The case was transferred from the Nebraska Service Center to the Texas Service Center and back to the Nebraska Service Center, utilizing upfront premium processing.

Notable: This approval is notable for securing NIW approval after RFE review without any recommendation or testimonial letters and repeated service center transfers.

#8: NIW in Computer Science and Engineering

This NIW approval involved a Ph.D. Student, born in China and residing in the United States, who proposes to become a Research Scientist in industry. Filed in Computer Science and Engineering, the petition received an RFE from Officer XM2210 before successfully securing an approval.

The applicant held a STEM master’s degree and possessed a strong academic profile consisting of 19 publications and 2,688 citations, with recent peer-reviewed work published in 2024. The petition proceeded without any supporting letters.

The adjudication involved multiple transfers between the Nebraska Service Center and the Texas Service Center before finalizing at the Nebraska Service Center with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review without any recommendation or testimonial letters and repeated service center transfers.

#9: NIW in Cardiac Surgery

This NIW approval involved a Physician, born in Canada and residing in the United States, who proposes to remain in the same role. Filed in Cardiac Surgery, the petition received an RFE from Officer XM2623 before approval was ultimately secured.

The applicant held an M.D. and presented a well-developed scholarly record consisting of 25 publications and 275 citations, with recent peer-reviewed work published in 2023. The petition was supported by two testimonial letters and no recommendation letters.

The case was adjudicated directly at the Texas Service Center with upfront premium processing.

Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field.

#10: NIW in Materials Science

This NIW approval involved a Process Engineer in industry, born in India and residing in the United States, who proposes to remain in the same role. Filed in Materials Science, the petition received an RFE from Officer XM2541 before an approval was secured.

The applicant held a non-STEM Ph.D. and had 17 publications and 233 citations, with the most recent peer-reviewed work published in 2021. The filing included two recommendation letters and no testimonial letters.

The case was adjudicated at the Texas Service Center under regular processing, successfully concluding after a lengthy 1,045-day review period.

Notable: This approval is notable for securing NIW classification in a non-STEM field following an extraordinarily long adjudication period of over 1,000 days.