2 I-140 Approvals After RFE on April 9, 2026
A Request for Evidence, or RFE, is not a final adjudication outcome. In the I-140 context, it often reflects the adjudicating officer’s need for a clearer explanation of eligibility, a stronger evidentiary connection between the applicant’s record and the governing legal standard, or a more persuasive account of the applicant’s proposed work and future role. Even when approval is ultimately secured, an RFE usually marks a more demanding stage of review in which the petition must remain coherent and persuasive under closer scrutiny.
The following success stories highlight two NIW approvals secured after RFE review. Taken together, these matters reflect different forms of adjudicative complexity, including one case that moved between service centers before returning to its original service center. They also show variation in scholarly profile and proposed work that remained aligned with each applicant’s current professional role.
Cases With Inherent Challenges
Cross-Service-Center Adjudication
One of the approved NIW matters did not remain on a single adjudicative track. It moved from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center before approval. That kind of procedural movement can add complexity because the petition must remain internally consistent and persuasive across multiple stages of review.
Different Premium Processing Paths
These approved matters also followed different premium processing paths rather than a single procedural pattern. One petition proceeded with upfront premium processing, while the other moved forward through a premium processing upgrade. That distinction is notable because it reflects different adjudicative timelines and filing strategies, while both petitions still ultimately secured approval after heightened review.
Varied Scholarly Records Under RFE Review
These approvals also reflect different kinds of scholarly presentations. One applicant presented 8 publications and 194 citations, with recent peer-reviewed work dating to 2025, while the other moved forward with 9 publications and 46 citations, with the latest peer-reviewed publication dating to 2023. That variation is important because it shows that post-RFE approval did not turn on a single publication or citation pattern.
NIW Approvals After RFE (2)
#1: NIW in Neuroscience
This NIW approval involved a Researcher Professional 5 - Biomedical Engineering born in France and residing in the United States, who proposes to continue in the same role. Filed in Neuroscience, the petition received an RFE from Officer XM2623 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a developed scholarly record that included 8 publications and 194 citations, with the latest peer-reviewed publication dating to 2025. The filing was supported by one recommendation letter and no testimonial letters.
The matter utilized an upfront premium processing and followed a complex adjudicative route, moving from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center.
Notable: This approval is notable for securing NIW approval after RFE review with multiple service center transfers.
#2: NIW in Organic Photochemistry
This NIW approval involved a Teaching Faculty I born in India and residing in the United States, who proposes to remain in the same role. Filed in Organic Photochemistry, the petition received an RFE from Officer XM1988 before securing approval.
The applicant held a STEM Ph.D. and presented a scholarly record consisting of 9 publications and 46 citations, with the latest peer-reviewed publication dating to 2023. The case proceeded without recommendation letters but included two testimonial letters.
The matter remained at the Texas Service Center and was utilized with a premium processing upgrade.
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.