10 I-140 Approvals After RFE on September 25, 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 involving RFE review, consisting of 3 EB-1A approvals, 1 EB-1B approval, and 6 NIW approvals. Among these cases were applicants facing additional adjudicative circumstances, including a history involving separate NIW and EB-1A petitions with different outcomes, multiple service center transfers, alternative NIW qualification pathways without an advanced degree, and residence outside the United States.
Cases With Inherent Challenges
Adverse Petition History
One NIW applicant had a related EB-1A petition that received an RFE and was subsequently denied, while the NIW petition itself also received an RFE before being approved. The separate adjudication histories added complexity because each petition was evaluated independently under the requirements of its respective immigrant classification.
Applicants Without an Advanced Degree
Two NIW approvals involved applicants who did not hold an advanced degree at the time of filing. One sought to qualify based on a bachelor’s degree plus five years of experience, while the other sought to qualify through the exceptional ability pathway. These cases required eligibility to be established through pathways other than possession of an advanced degree.
Multiple Service Center Transfers
Several petitions underwent 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.
EB-1A Approvals After RFE (3)
#1: EB-1A in Biomedical Science
This EB-1A approval involved a Research Fellow, born in India and residing in the United States, who proposed to remain in the same employment. Filed in Biomedical Science, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 6 publications and 256 citations, with peer-reviewed work published as recently as 2025. The initial filing included 6 recommendation letters and no testimonial letters, while 2 additional recommendation letters and 3 testimonial letters were submitted with the RFE response.
The petition underwent transfers from the Texas Service Center to the Nebraska Service Center and then back to the Texas Service Center with a premium processing upgrade.
Notable: This approval is notable for securing EB-1A approval after RFE review while undergoing multiple service center transfers.
#2: EB-1A in Pharmaceutical Sciences
This EB-1A approval involved a Formulation Scientist II in industry, born in India and residing in the United States, who proposed to remain in the same employment. Filed in Pharmaceutical Sciences, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 9 publications and 117 citations, with peer-reviewed work published as recently as 2025. The initial filing included 6 recommendation letters and 1 testimonial letter, while 2 additional recommendation letters were submitted with the RFE response.
The petition was adjudicated through the Nebraska Service Center with a premium processing upgrade.
#3: EB-1A in Immunology
This EB-1A approval involved an Associate Research Scientist, born in China and residing in the United States, who proposed to remain in the same employment. Filed in Immunology, the petition received an RFE from Officer XM1365 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 25 publications and 289 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and no testimonial letters, while 4 additional recommendation letters were submitted as part of the RFE response.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
EB-1B Approval After RFE (1)
#4: EB-1B in Machine Learning
This EB-1B approval involved an Assistant Professor, born in China and residing in the United States, who proposed to remain in the same employment. Filed in Machine Learning, the petition received an RFE from Officer XM1969 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 17 publications and 322 citations, with peer-reviewed work published as recently as 2025. The petition included 4 recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Texas Service Center with upfront premium processing.
NIW Approvals After RFE (6)
#5: NIW in Electrical Engineering
This NIW approval involved a Staff Data Scientist in industry, born in China and residing in the United States, who proposed to remain in the same employment. Filed in Electrical Engineering, the petition received an RFE from Officer XM2416 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 9 publications and 32 citations, with peer-reviewed work published as recently as 2024. The petition included 4 recommendation letters and proceeded without testimonial letters.
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 while undergoing multiple service center transfers.
#6: NIW in Electrical and Computer Engineering
This NIW approval involved a Ph.D. candidate (Research/Teaching Assistant), born in Bangladesh and residing in the United States, who proposed to work as a Postdoctoral Researcher. Filed in Electrical and Computer Engineering, the petition received an RFE from the Texas Service Center before approval was ultimately secured.
The applicant did not hold an advanced degree and qualified through a bachelor’s degree plus five years of experience. At filing, the applicant demonstrated a scholarly record consisting of 9 publications and 43 citations, with peer-reviewed work published as recently as 2023. The initial filing included 2 recommendation letters and no testimonial letters, while 4 additional recommendation letters and 2 testimonial letters were submitted with 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 through a bachelor’s degree plus five years of experience pathway while undergoing multiple service center transfers.
#7: NIW in Computational Plasma Physics
This NIW approval involved a Physicist/Scientist in industry, born in India and residing in the United States, who proposed to remain in the same employment. Filed in Computational Plasma Physics, the petition received an RFE from Officer XM2545 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 9 publications and 130 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and 1 testimonial letter, while 3 additional recommendation letters and 1 additional 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 upfront premium processing.
Notable: This approval is notable for securing NIW approval after RFE review while undergoing multiple service center transfers.
#8: NIW in Quantum Engineering
This NIW approval involved a Ph.D. student (Graduate Researcher), born in Austria and residing in Switzerland, who proposed to work as a Quantum Research Scientist in industry. Filed in Quantum Engineering, the applicant initially filed an NIW petition, followed by an EB-1A petition. The EB-1A petition received an RFE from Officer EX0002 and was denied, while the NIW petition received an RFE from the Nebraska Service Center and was ultimately approved.
The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 9 publications and 286 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while 1 recommendation letter was submitted as part of the RFE response.
The NIW petition was adjudicated through the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review while the applicant was residing outside the United States, despite a related EB-1A petition receiving an RFE and being denied.
#9: NIW in Computational Science
This NIW approval involved a Software Engineer III in industry, born in China and residing in the United States, who proposed to remain in the same employment. Filed in Computational Science, the petition received an RFE from the Vermont Service Center before approval was ultimately secured.
The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 5 publications and 165 citations, with peer-reviewed work published as recently as 2022. The initial filing included 2 recommendation letters and no testimonial letters, while 3 additional recommendation letters and 1 testimonial letter were submitted as part of the RFE response.
The petition was adjudicated through the Nebraska Service Center with a premium processing upgrade.
#10: NIW in Machine Learning
This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in Bangladesh and residing in the United States, who proposed to work as a Machine Learning Research Scientist in industry. Filed in Machine Learning, the petition received an RFE from Officer XM2191 before approval was ultimately secured.
The applicant did not hold an advanced degree at the time of filing and qualified through the exceptional ability pathway. At filing, the applicant demonstrated a scholarly record consisting of 4 publications and 42 citations, with peer-reviewed work published as recently as 2022. The initial filing included 2 recommendation letters and no testimonial letters, while 4 additional recommendation letters were submitted with 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 through the exceptional ability pathway while undergoing multiple service center transfers.
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.