2 I-140 Approvals After RFE on August 3, 2026
A Request for Evidence (RFE) represents one of the most demanding stages of adjudication in the employment-based immigration process. Once USCIS issues an RFE, the petition enters a heightened level of review in which the adjudicating officer may request additional documentation, clarification of the applicant’s qualifications, or a more persuasive explanation connecting the evidence to the applicable immigration standard. Successfully navigating this stage requires a record that remains organized, internally consistent, and directly responsive to the concerns raised during adjudication.
The following success stories highlight 2 EB-1A approvals secured after RFE review. These cases involved adjudicative circumstances that added complexity, including multiple service center transfers and a refiled petition following a prior denial. Despite these challenges, each petition successfully established eligibility through a well-supported evidentiary record.
Cases With Inherent Challenges
Prior RFE-Related Denial
One approval involved a refiled EB-1A petition submitted after the applicant’s first filing received an RFE and was denied. A prior denial can add complexity because the new petition must independently establish eligibility through a carefully structured evidentiary record while addressing weaknesses that may have affected the earlier adjudication.
Multiple Service Center Transfers
One petition was transferred from the Nebraska Service Center to the Texas Service Center and then returned to the Nebraska Service Center before final adjudication. Such procedural movement can complicate review because the record must remain logically organized, internally consistent, and persuasive as it passes through different service center operations.
EB-1A Approvals After RFE (2)
#1: EB-1A in Electrical Engineering
This EB-1A approval involved a Senior Data Scientist in industry, born in Turkey and residing in the United States, who proposes to remain in the same employment. Filed in Electrical Engineering, the petition received an RFE from Officer XM2005 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 10 publications and 155 citations, with peer-reviewed work published as recently as 2026. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.
The adjudication involved 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 EB-1A approval after RFE review while undergoing multiple service center transfers.
#2: EB-1A in Medicine
This EB-1A approval involved a Medicine Researcher, born in China and residing in the United States, who proposes to work as a Urologic Oncology Fellow. Filed in Medicine, the applicant secured approval through a refiled petition after the first EB-1A petition received an RFE from Officer XM2106 and was denied.
The applicant held an M.D. degree and established an extensive scholarly record consisting of 50 publications and 983 citations, with peer-reviewed work published as recently as 2025. The petition was supported by 6 recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Texas Service Center with upfront premium processing.
Notable: This approval is notable for securing EB-1A approval in a non-STEM field through a refiled petition after the applicant’s first EB-1A filing received an RFE and was denied.
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.