2 I-140 Approvals After RFE on October 20, 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 2 I-140 NIW approvals after RFE review. These cases presented circumstances that added complexity to adjudication, including a service center transfer and applicants with relatively modest citation records.
Cases With Inherent Challenges
Relatively Modest Citation Records
Both approvals involved applicants with relatively modest citation records, including 21 citations and 32 citations. While citation counts may serve as indicators of scholarly recognition, they are not the sole determining factor in NIW adjudication. These cases demonstrate that applicants with modest citation records can still secure approval when their qualifications and supporting evidence sufficiently establish eligibility under the applicable immigration standard.
NIW Approvals After RFE (2)
#1: NIW in Crop Production
This NIW approval involved an applicant born in Brazil and residing in the United States who proposes to work as a Research Scientist. Filed in Crop Production, 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 24 publications and 21 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 3 additional recommendation letters were submitted as part of the RFE response.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
#2: NIW in Civil Engineering
This NIW approval involved a Graduate Research Assistant, born in Bangladesh and residing in the United States, who proposes to work as a Researcher in industry. Filed in Civil Engineering, the petition received an RFE from Officer XH2622 before approval was ultimately secured.
The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 8 publications and 32 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 1 testimonial letter was submitted with the RFE response.
The petition was transferred from the Nebraska Service Center to the Texas Service Center 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 69,000 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.