11 I-140 Approvals After RFE on June 3, 2026
A Request for Evidence (RFE) is not a denial, but it does represent a more demanding stage of review in the I-140 adjudication process. An RFE generally indicates that the adjudicating officer requires additional clarification regarding eligibility, stronger evidentiary support, or a more comprehensive explanation connecting the applicant’s accomplishments and proposed work to the governing immigration standard. Once a petition enters RFE review, the filing is evaluated under heightened scrutiny and must remain strategically organized, internally consistent, and well supported to ultimately secure approval.
The following success stories highlight 11 I-140 approvals achieved after RFE review or prior adverse adjudication history, including three EB-1A approvals and eight NIW approvals. These cases involved academic researchers, industry professionals, physicians, and future faculty members across a wide range of disciplines. Several approvals followed denials in another immigrant category, multiple service center transfers, lengthy adjudication periods, or petitions filed without any supporting letters, demonstrating that favorable outcomes remain achievable despite procedural complexity and intensified review.
Cases With Inherent Challenges
Related Adverse Adjudication History
Some approvals involved applicants whose NIW petitions were ultimately approved after a separately filed EB-1A petition received an RFE and was denied. Although the NIW petitions were filed first, the existence of a denied EB-1A petition can still add complexity to the overall immigration history and may require careful presentation of the evidentiary record. These cases demonstrate that approval remains achievable despite prior adverse adjudication in another immigrant category.
Petitions Proceeding Without Supporting Letters
Several approved petitions moved forward without recommendation letters, testimonial letters, or both. When traditional supporting documentation is absent, the petition must rely more heavily on objective evidence such as publication records, citation impact, professional accomplishments, and the overall strength and consistency of the record during RFE review.
Procedural Transfers Between Service Centers
A number of approvals involved transfers between the Nebraska Service Center and the Texas Service Center during adjudication. Petitions that move across multiple service centers must remain coherent and persuasive while being reviewed by different officers and adjudicative teams throughout the process.
EB-1A Approvals After RFE (3)
#1: EB-1A in Data Management
This EB-1A approval involved a Research Scientist Graduate in industry, born in China and residing in the United States, who proposes to continue in the same position. Filed in Data Management, the petition received an RFE from Officer XM1317 before ultimately securing approval.
The applicant held a Ph.D. and demonstrated a strong scholarly record consisting of 10 publications and 727 citations, with peer-reviewed work published as recently as 2024. The filing was supported by four recommendation letters and proceeded without testimonial letters.
The adjudication involved multiple procedural transfers between the Nebraska Service Center and the Texas Service Center before returning to the Nebraska Service Center with upfront premium processing.
Notable: This approval is notable for securing EB-1A after RFE review while undergoing multiple service center transfers.
#2: EB-1A in Materials Physics and Chemistry
This EB-1A approval involved a Postdoctoral Scholar from China residing in the United States who proposes to continue in the same role. Filed in Materials Physics and Chemistry, the petition received an RFE from Officer TSC2005 before approval was achieved.
The applicant held a Ph.D. and presented an extensive scholarly profile consisting of 31 publications and 1,255 citations, with peer-reviewed work published as recently as 2025. The case was supported by four recommendation letters and proceeded without testimonial letters.
The petition underwent transfers between the Nebraska Service Center and the Texas Service Center before returning to the Nebraska Service Center with upfront premium processing.
Notable: This approval is notable for securing EB-1A after RFE review while undergoing multiple service center transfers.
#3: EB-1A in Quantum Computing
This EB-1A approval involved a Postdoctoral Scholar born in China and residing in the United States who proposes to remain in the same role. Filed in Quantum Computing, the petition received an RFE from Officer XM1728 before ultimately being approved.
The applicant held a Ph.D. and established a scholarly profile consisting of 19 publications and 310 citations, with recent peer-reviewed research published in 2025. The filing included four recommendation letters and proceeded without testimonial letters.
The petition was reviewed through both the Nebraska Service Center and Texas Service Center before returning to the Nebraska Service Center with upfront premium processing.
Notable: This approval is notable for securing EB-1A after RFE review while undergoing multiple service center transfers.
NIW Approvals After RFE (8)
#4: NIW in Sustainable Development Assessment
This NIW approval involved a Ph.D. student from Vietnam residing in the United States who proposes to work as an Assistant Professor. Filed in Sustainable Development Assessment, 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 TSC1899 and was eventually denied.
The applicant held a master’s degree and demonstrated a scholarly record consisting of 15 publications and 232 citations, with peer-reviewed work published as recently as 2023. The filing included two recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval while a later EB-1A petition received an RFE and was ultimately denied.
#5: NIW in Applied Machine Learning
This NIW approval involved a Ph.D. student from China residing in the United States who proposes to work as an Assistant Professor. Filed in Applied Machine Learning, the petition received an RFE from Officer EX0399 before ultimately securing approval.
The applicant held a bachelor's degree and presented a developing scholarly profile consisting of 6 publications and 80 citations. The record included peer-reviewed work published as recently as 2025 and proceeded without any supporting letters.
The petition was adjudicated through the Nebraska Service Center with upfront premium processing.
Notable: This approval is notable for securing NIW approval after RFE review without any recommendation or testimonial letters.
#6: NIW in Biotechnology
This NIW approval involved an Associate Professor, born and residing in Bangladesh, who proposes to work as a Research Scientist in industry. Filed in Biotechnology, the petition received an RFE from the Texas Service Center before ultimately being approved.
The applicant held a Ph.D. and demonstrated a substantial scholarly record consisting of 43 publications and 583 citations. The most recent peer-reviewed publication appeared in 2022, and the filing proceeded without any supporting letters.
The petition was adjudicated through the Texas Service Center without premium processing and was approved in 1,107 days.
Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters while the applicant was residing outside the United States.
#7: NIW in Plant Biology
This NIW approval involved a Postdoctoral Researcher born in Japan and residing in the United States who proposes to continue in the same role. Filed in Plant Biology, the petition received an RFE from Officer XM2149 before approval was achieved.
The applicant held a Ph.D. and presented a scholarly profile consisting of 22 publications and 227 citations, with peer-reviewed work published as recently as 2023. The petition proceeded without any supporting letters.
The adjudication involved transfers between the Nebraska Service Center and Texas Service Center before returning to the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters while also undergoing multiple service center transfers.
#8: NIW in Biochemistry
This NIW approval involved a Postdoctoral Researcher from Taiwan residing in the United States who proposes to continue in the same role. Filed in Biochemistry, the petition received an RFE from Officer XM0460 before ultimately securing approval.
The applicant held a Ph.D. and demonstrated a focused scholarly record consisting of 4 publications and 50 citations, with peer-reviewed work published as recently as 2024. The filing included two recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
#9: NIW in Cardiology
This NIW approval involved an Assistant Professor born in India and residing in the United States who proposes to continue in the same role. Filed in Cardiology, the applicant initially filed an NIW petition, followed by an EB1A petition. The NIW has received an RFE from Officer XM1910 before approval was secured, while the EB1A has received an RFE from Officer XM2254 and was subsequently denied.
The applicant held an M.B.B.S. degree and established an extensive scholarly profile consisting of 121 publications and 1,255 citations. The record included peer-reviewed work published as recently as 2024 and proceeded without any supporting letters.
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 and without recommendation or testimonial letters, while a later EB-1A petition had also received an RFE and was ultimately denied.
#10: NIW in Cardiovascular Medicine
This NIW approval involved a Resident Physician born in Pakistan and residing in the United States who proposes to continue in the same role. Filed in Cardiovascular Medicine, the petition received an RFE from Officer EX5080 before ultimately being approved.
The applicant held an M.B.B.S. degree and presented a scholarly profile consisting of 15 publications and 47 citations, with peer-reviewed work published as recently as 2025. The filing was supported by four recommendation letters and proceeded without testimonial letters.
The adjudication involved transfers from the Texas Service Center to the Nebraska Service Center and later back to the Texas Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval in a non-STEM field while undergoing multiple service center transfers during adjudication.
#11: NIW in Computer Engineering
This NIW approval involved a Postdoctoral Appointee from Ethiopia residing in the United States who proposes to continue in the same position. Filed in Computer Engineering, the petition received an RFE from the Texas Service Center before ultimately securing approval.
The applicant held a Ph.D. and demonstrated a developing scholarly profile consisting of 4 publications and 19 citations, with the most recent peer-reviewed publication appearing in 2020. The filing included two recommendation letters and proceeded without testimonial letters.
The petition was transferred between the Nebraska Service Center and the Texas Service Center before returning to the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval despite going through multiple service center transfers during adjudication.
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.