10 I-140 Approvals After RFE on October 21, 2026

A Request for Evidence (RFE) represents one of the more demanding stages of adjudication in the employment-based immigration process. When USCIS issues an RFE, a petition undergoes additional scrutiny, and further evidence or clarification may be requested regarding the applicant’s qualifications and eligibility under the applicable immigration standard. Successfully navigating this stage requires an evidentiary record that remains organized, internally consistent, and directly responsive to the concerns raised during review.

The following success stories highlight 10 I-140 approvals after RFE review or adverse petition histories, consisting of 1 EB-1A approval and 9 NIW approvals. Several cases presented circumstances that added complexity to adjudication, including prior petition denials, multiple service center transfers, petitions filed in non-STEM fields, applicants residing outside the United States, relatively modest scholarly records, and a petition that proceeded without supporting letters.

Cases With Inherent Challenges

Prior Petition Denials and Appeal

Two NIW approvals involved applicants with prior adverse petition histories. One applicant had a related EB-1A petition that received an RFE and was denied. Another NIW applicant secured approval after appealing a petition denial following an RFE. Such circumstances highlight the complexity of cases involving adverse adjudication histories and the importance of establishing eligibility through a complete and well-organized evidentiary record under the applicable immigration standard.

Multiple Service Center Transfers

One approval underwent multiple transfers between the Nebraska Service Center and the Texas Service Center during adjudication. Such procedural movement can add administrative complexity because the evidentiary record must remain clearly organized and internally consistent throughout review across different service center operations.

Petition Without Supporting Letters

One NIW petition secured approval without any recommendation or testimonial letters, despite receiving an RFE and an initial denial. This case illustrates that supporting letters are not the sole determining factor in NIW adjudication and that eligibility may be established through the overall evidentiary record, including the applicant's qualifications and other relevant supporting evidence.

EB-1A Approval After RFE (1)

#1: EB-1A in Applied Artificial Intelligence

This EB-1A approval involved a Senior Staff Software Engineer in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Applied Artificial Intelligence, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM master's degree and had no publications or citations at the time of filing. The initial petition included 4 recommendation letters and 3 testimonial letters, while 3 additional recommendation letters and 3 testimonial letters were submitted as part of the RFE response.

The petition was adjudicated through the Nebraska Service Center with a premium processing upgrade. 

NIW Approvals After RFE (9)

#2: NIW in Genomic Engineering

This NIW approval involved a Senior Principal Scientist in industry, born in Hong Kong SAR and residing in the United States, who proposes to remain in the same employment. Filed in Genomic Engineering, the petition received an RFE from Officer XM1284 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 4 publications and 169 citations, with peer-reviewed work published as recently as 2022. The initial filing proceeded without any supporting letters, while 6 recommendation letters were submitted as part of the RFE response.

The petition was adjudicated through the Texas Service Center with upfront premium processing.

#3: NIW in Biomedical Sciences

This NIW approval involved a Postdoctoral Associate, born in Lebanon and residing in the United States, who proposes to remain in the same employment. Filed in Biomedical Sciences, the petition received an RFE from Officer XM2149 before approval was ultimately secured.

The applicant held a Ph.D. and demonstrated a scholarly record consisting of 13 publications and 268 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting letters, while 3 recommendation letters were submitted with the RFE response.

The petition was adjudicated through the Texas Service Center with a premium processing upgrade.

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

#4: NIW in High Energy Physics

This NIW approval involved a Postdoctoral Research Fellow in industry, born in Taiwan and residing in the United States, who proposes to remain in the same employment. Filed in High Energy Physics, the petition received an RFE from Officer XM2545 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 1,124 publications and 22,288 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting letters, while 5 recommendation letters were submitted as part of the RFE response.

The petition was transferred from the Nebraska Service Center to the Texas Service Center with a premium processing upgrade.

#5: NIW in Clinical Bioanalytical Chemistry

This NIW approval involved a Ph.D. Candidate, born in Egypt and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Clinical Bioanalytical Chemistry, the petition received an RFE from Officer XM2560 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 5 publications and 22 citations, with peer-reviewed work published as recently as 2023. The filing included 4 recommendation letters and no testimonial letters.

The petition was transferred from the Nebraska Service Center to the Texas Service Center with a premium processing upgrade. 

#6: NIW in Mechanical Engineering

This NIW approval involved a Senior Data Analyst in industry, born in Iran and residing in Canada, who proposes to work as a Research Associate. Filed in Mechanical Engineering, the petition received an RFE from Officer XM1761 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 44 publications and 466 citations, with peer-reviewed work published as recently as 2023. The initial filing proceeded without any supporting letters, while 4 recommendation letters were submitted with the RFE response.

The petition was adjudicated through the Texas Service Center without premium processing and was approved in 996 days.

Notable: This approval is notable for securing NIW approval after RFE review while the applicant was residing outside the United States. 

#7: NIW in Biomedical Engineering and Medical Imaging

This NIW approval involved an Instructor, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Biomedical Engineering and Medical Imaging, the applicant initially filed an NIW petition, followed by an EB-1A petition. The EB-1A has received an RFE from Officer XM2262 and was denied, while the NIW petition has also received an RFE from Officer XM2262 before approval was ultimately granted.

The applicant held a Ph.D. and demonstrated a scholarly record consisting of 21 publications and 268 citations, with peer-reviewed work published as recently as 2025. The initial filing included 2 recommendation letters and no testimonial letters, while 4 additional recommendation letters and 1 testimonial letter were submitted as part of the RFE response.

The petition underwent transfers from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field while undergoing multiple service center transfers, despite a related EB-1A petition receiving an RFE and being denied.

#8: NIW in Neuroscience

This NIW approval involved a Postdoctoral Scholar Research Associate in Neuroscience and Psychology in industry, born in Israel and residing in the United States, who proposes to remain in the same employment. Filed in Neuroscience, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 6 publications and 272 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting letters, while 4 recommendation letters and 2 testimonial letters were submitted with the RFE response.

The petition was transferred from the Nebraska Service Center to the Texas Service Center with upfront premium processing.

#9: NIW in Cancer Biology

This NIW approval involved a Postdoctoral Research Fellow, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Cancer Biology, the petition received an RFE from Officer XM2009 before approval was ultimately secured.

The applicant held a Ph.D. and demonstrated a scholarly record consisting of 14 publications and 439 citations, with peer-reviewed work published as recently as 2024. The initial filing included 4 recommendation letters and no testimonial letters, while 2 additional recommendation letters and 1 testimonial letter were submitted as part of the RFE response.

The petition was adjudicated through the Texas Service Center with a premium processing upgrade.

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

#10: NIW in Artificial Intelligence

This NIW approval involved a Data Scientist in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Artificial Intelligence, the petition received an RFE from Officer XM2211 and was denied before approval was ultimately secured following an appeal.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 8 publications and 401 citations, with peer-reviewed work published as recently as 2023. The petition proceeded without any supporting letters.

The petition was adjudicated through the Texas Service Center without premium processing and was approved in 978 days.

Notable: This approval is notable for securing NIW approval following an RFE, petition denial, and appeal, without recommendation or testimonial letters.