18 I-140 Approvals After RFE on November 9, 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 18 I-140 approvals after RFE review, consisting of 1 EB-1A approval, 1 EB-1B approval, and 16 NIW approvals. Several cases presented circumstances that added complexity to adjudication, including a prior EB-1A petition denial, multiple service center transfers, applicants with non-STEM academic backgrounds, relatively modest scholarly records, and petitions proceeding without recommendation or testimonial letters.
Cases With Inherent Challenges
Related Adverse Adjudication History
One EB-1B approval involved an applicant whose earlier EB-1A petition received an RFE and was subsequently denied. This circumstance added complexity because the EB-1B petition needed to independently establish eligibility under the applicable outstanding researcher or professor standard despite the unfavorable adjudication outcome in a related employment-based category.
Multiple Service Center Transfers
Several petitions 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.
Non-STEM Academic Backgrounds
Several approvals involved applicants holding non-STEM academic degrees. These cases demonstrate that a non-STEM academic background does not necessarily prevent successful adjudication, provided that the applicants' qualifications, professional contributions, and supporting evidence satisfy the applicable immigration standards.
Petitions Without Supporting Letters
Three petitions proceeded without any recommendation or testimonial letters, including during the RFE response stage. These approvals demonstrate that petitions can successfully overcome RFE scrutiny without supporting letters when the remaining evidence sufficiently establishes the applicants' qualifications and eligibility under the applicable immigration standard.
EB-1A Approval After RFE (1)
#1: EB-1A in Solid Mechanics
This EB-1A approval involved a Postdoctoral Researcher, born in Iran and residing in the United States, who proposes to remain in the same employment. Filed in Solid Mechanics, 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 165 publications and 3,040 citations, with peer-reviewed work published as recently as 2025. The filing included 4 recommendation letters and no testimonial letters.
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.
EB-1B Approval After RFE (1)
#2: EB-1B in Robotics
This EB-1B approval involved an Assistant Professor, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Robotics, the applicant initially filed an EB-1A petition, followed by an EB-1B petition. The EB-1B has been approved, while the EB-1A has received an RFE from the Texas Service Center and was subsequently denied.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 7 publications and 139 citations, with peer-reviewed work published as recently as 2025. The filing included 4 recommendation letters and no testimonial letters.
The petition was adjudicated through the Texas Service Center with upfront premium processing.
Notable: This approval is notable for securing EB-1B approval despite a related EB-1A petition receiving an RFE and being denied.
NIW Approvals After RFE (16)
#3: NIW in Precision Medicine
This NIW approval involved an Associate Researcher in industry, born in Iran and residing in the United States, who proposes to remain in the same role. Filed in Precision Medicine, the petition received an RFE from Officer XM2486 before approval was ultimately secured.
The applicant held an M.D. degree and demonstrated a scholarly record consisting of 10 publications and 143 citations, with peer-reviewed work published as recently as 2023. The initial petition proceeded without any supporting letters, while 3 recommendation letters 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.
#4: NIW in Medicinal Chemistry
This NIW approval involved an Assistant Scientist, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Medicinal Chemistry, 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 17 publications and 518 citations, with peer-reviewed work published as recently as 2024. The petition proceeded without any supporting letters.
The petition was adjudicated through the Texas Service Center without premium processing and was approved in 813 days.
Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters.
#5: NIW in Materials Science
This NIW approval involved a Process Engineer in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Materials Science, the petition received an RFE from Officer XM1986 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 11 publications and 856 citations, with peer-reviewed work published as recently as 2025. The filing included 1 recommendation letter and 1 testimonial letter.
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.
#6: NIW in Biomechanics
This NIW approval involved a Research Affiliate in industry, born in Germany and residing in the United States, who proposes to work as a Postdoctoral Research Associate. Filed in Biomechanics, the petition received an RFE from Officer XM1910 before approval was ultimately secured.
The applicant held a Ph.D. and demonstrated a relatively limited scholarly record consisting of 3 publications and 15 citations, with peer-reviewed work published as recently as 2026. The initial filing included 1 recommendation letter and 3 testimonial letters, while 3 additional recommendation letters and 2 testimonial letters were submitted as part of the RFE response.
The petition was adjudicated through 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.
#7: NIW in Civil Engineering
This NIW approval involved an Instructor II, born in Vietnam and residing in the United States, who proposes to work as an Assistant Professor. Filed in Civil Engineering, the petition received an RFE from Officer XM2420 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 16 publications and 61 citations, with peer-reviewed work published as recently as 2024. The petition 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 without any recommendation or testimonial letters.
#8: NIW in Electrical Engineering
This NIW approval involved a Research Assistant, born in Turkey and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Electrical Engineering, the petition received an RFE from Officer XM2420 before approval was ultimately secured.
The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 13 publications and 211 citations, with peer-reviewed work published as recently as 2024. The initial petition proceeded without any supporting letters, while 4 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 while undergoing multiple service center transfers.
#9: NIW in Civil Engineering (Geotechnical Engineering)
This NIW approval involved a Ph.D. Student (Graduate Assistant Research), born in Nepal and residing in the United States, who proposes to work as a Geotechnical Engineer in industry. Filed in Civil Engineering (Geotechnical Engineering), the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.
The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 9 publications and 37 citations, with peer-reviewed work published as recently as 2024. The filing included 3 recommendation letters and no testimonial letters.
The petition was adjudicated through the Nebraska Service Center with a premium processing upgrade.
#10: NIW in Transportation Engineering
This NIW approval involved a Machine Learning Engineer Intern in industry, born in China and residing in the United States, who proposes to work as a Postdoctoral Scholar. Filed in Transportation Engineering, the petition received an RFE from Officer XM1960 before approval was ultimately secured.
The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 6 publications and 125 citations, with peer-reviewed work published as recently as 2025. The initial petition proceeded without any supporting letters, while 4 recommendation letters 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.
#11: NIW in Atomic Physics
This NIW approval involved a Postdoctoral Fellow, born in Germany and residing in the United States, who proposes to remain in the same employment. Filed in Atomic Physics, the petition received an RFE from Officer XM1910 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 12 publications and 1,833 citations, with peer-reviewed work published as recently as 2024. The initial filing included 1 recommendation letter and 3 testimonial letters, while 6 additional recommendation letters and 2 testimonial letters were submitted with the RFE response.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
#12: NIW in Solid Mechanics
This NIW approval involved a Ph.D. Student, born in China and residing in the United States, who proposes to work as an Assistant Professor. Filed in Solid Mechanics, the petition received an RFE from Officer XM2418 before approval was ultimately secured.
The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 12 publications and 97 citations, with peer-reviewed work published as recently as 2026. The petition proceeded without any supporting 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 without recommendation or testimonial letters while undergoing multiple service center transfers.
#13: NIW in Artificial Intelligence
This NIW approval involved a Research Scientist in industry, born in Greece 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 XM1771 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 8 publications and 417 citations, with peer-reviewed work published as recently as 2024. The initial petition proceeded without any supporting letters, while 3 recommendation letters 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.
#14: NIW in Molecular and Cellular Biology
This NIW approval involved an applicant born in Colombia and residing in the United States, who proposes to work as a Research Assistant - Molecular Endocrinology. Filed in Molecular and Cellular Biology, the petition received an RFE from Officer XM2108 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 8 publications and 62 citations, with peer-reviewed work published as recently as 2023. The filing included 2 recommendation letters and no testimonial letters.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
#15: NIW in Sustainable Finance
This NIW approval involved a Ph.D. Student (Teaching Assistant), born in Bangladesh and residing in the United States, who proposes to work as an Assistant Professor of Finance. Filed in Sustainable Finance, the petition received an RFE from Officer XM2055 before approval was ultimately secured.
The applicant held a master’s degree and demonstrated a substantial scholarly record consisting of 48 publications and 1,835 citations, with peer-reviewed work published as recently as 2026. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 1 recommendation letter and 1 additional 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: Approved in a non-STEM field.
#16: NIW in Statistics
This NIW approval involved a Biostatistics Analyst, born in Nepal and residing in the United States, who proposes to remain in the same employment. Filed in Statistics, the petition received an RFE from Officer XM2420 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a relatively limited scholarly record consisting of 5 publications and 18 citations, with peer-reviewed work published as recently as 2025. The initial filing included 2 recommendation letters and 2 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 while undergoing multiple service center transfers.
#17: NIW in Immunology
This NIW approval involved a Postdoctoral Research Associate, born in India and residing in the United States, who proposes to become a Postdoctoral Associate. Filed in Immunology, the petition received an RFE from Officer XM1910 before approval was ultimately secured.
The applicant held a Ph.D. and demonstrated a scholarly record consisting of 21 publications and 201 citations, with peer-reviewed work published as recently as 2023. The initial petition proceeded without any supporting letters, while 2 testimonial letters were submitted as part of the RFE response.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
Notable: Approved in a non-STEM field.
#18: NIW in Translational Neuroimaging
This NIW approval involved a Postdoctoral Fellow (Full-Time), born in Nepal and residing in the United States, who proposes to remain in the same role. Filed in Translational Neuroimaging, the petition received an RFE from Officer XM2043 before approval was ultimately secured.
The applicant held a Ph.D. and demonstrated a scholarly record consisting of 37 publications and 169 citations, with peer-reviewed work published as recently as 2026. The initial petition proceeded without any supporting letters, while 2 recommendation letters were submitted as part of the RFE response.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
Notable: Approved in a non-STEM field.
The key to our success is the way in which we present supporting evidence and provide the highest quality petition letters. With over 70,000 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.