2 I-140 Approvals After RFE on April 22, 2026
A Request for Evidence, or RFE, is not a final adjudication outcome. In the I-140 context, it reflects the adjudicating officer’s need for a clearer articulation of eligibility, a stronger evidentiary connection between the applicant’s record and the governing legal standard, or a more persuasive explanation of the applicant’s proposed work. When a case proceeds beyond the RFE stage, the petition is reviewed under closer scrutiny, requiring a coherent, well-supported, and internally consistent presentation to meet the heightened standard.
The following two success stories highlight NIW approvals secured after RFE review and more complex procedural paths. These cases illustrate how variations in evidentiary support, adjudication timelines, and procedural movement can shape the level of difficulty in achieving approval.
Cases With Inherent Challenges
Multiple Service Center Transfers
One approval involved multiple transfers between the Nebraska Service Center and the Texas Service Center. Such movement increases adjudicative complexity because the petition must remain consistent and persuasive across different reviewing environments, each applying its own evaluative lens.
Prolonged Adjudication Timeline
One case proceeded without premium processing and extended to 877 days before approval. Prolonged adjudication periods introduce additional challenges, as the petition must remain compelling over time despite potential shifts in the applicant’s professional record or field developments.
Variation in Evidentiary Support
The cases reflect differences in supporting documentation, with one petition proceeding without any recommendation or testimonial letters, while another included multiple recommendation letters. This variation demonstrates that approval after RFE review can still be achieved through different evidentiary strategies when the overall petition remains strong and coherent.
NIW Approvals After RFE (2)
#1: NIW in Oncology
This NIW approval involved a Translational Medicinal Study Specialist born in China and residing in the United States, who proposes to continue in the same role. Filed in Oncology, the petition received an RFE from Officer XM2623 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a focused scholarly record consisting of 6 publications and 136 citations, with the most recent peer-reviewed work published in 2023. The petition proceeded without any supporting letters.
The case followed a procedurally complex path, transferring 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 after RFE review despite multiple service center transfers and without any recommendation or testimonial letters.
#2: NIW in Organic Chemistry
This case involved a Researcher born and residing in Russia, who proposes to continue in the same role. Filed in Organic Chemistry, the petition received an RFE from the Texas Service Center before approval was secured.
The applicant held a STEM Ph.D. and presented a developed scholarly profile consisting of 12 publications and 88 citations, with the most recent peer-reviewed work published in 2023. The filing was supported by four recommendation letters and no testimonial letters.
This petition proceeded through non-premium processing, extending to 877 days, and the case was adjudicated at the Texas Service Center.
Notable: This approval is notable for achieving NIW approval after RFE review through a prolonged non-premium adjudication process exceeding 800 days while the applicant was residing outside the United States at the time of filing.
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.