3 I-140 Approvals After RFE on April 16, 2026
A Request for Evidence, or RFE, is not a final adjudication outcome. In the I-140 context, it typically 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 marks a more demanding stage of review in which the petition must remain coherent and persuasive under closer scrutiny.
The following success stories highlight three I-140 approvals secured after prior RFE review or a more complicated procedural history, consisting of one EB-1A approval and two NIW approvals. These matters reflect several forms of adjudicative complexity, including approval after RFE and meaningful variation in evidentiary presentation, scholarly output, and processing strategy.
Cases With Inherent Challenges
NIW Approval Following Prior EB-1A Denial
One of the approved NIW matters followed a more difficult procedural path because the applicant had previously pursued an EB-1A filing that received an RFE and was denied before approval was later secured in the NIW category. A later approval under these circumstances is notable because the new filing must stand on its own while also overcoming the broader difficulty created by an earlier unfavorable adjudication history.
Differences in Evidentiary Support
These cases also show substantial variation in supporting documentation. One petition proceeded with four recommendation letters and three testimonial letters, another included four recommendation letters without testimonial letters, and one NIW matter was approved without any recommendation or testimonial letters at all. This range illustrates that post-RFE approval can still be achieved through different evidentiary approaches, provided the overall petition remains persuasive.
Variation in Scholarly Profiles and Processing Strategy
The approved applicants presented publication records ranging from 14 to 59 publications and citation counts from 417 to 1,869, with the latest peer-reviewed work dating from 2024 to 2026. Their filings also moved through different processing strategies, including upfront premium processing and premium processing upgrades at both the Nebraska Service Center and Texas Service Center. Together, these differences show that success after RFE review does not depend on a single academic or procedural profile.
EB-1A Approvals After RFE (1)
#1: EB-1A in Earth Data Science
This EB-1A approval involved a Research Associate born in Brazil and residing in the United States, who proposes to continue in the same role. Filed in Earth Data Science, the petition received an RFE from Officer EX0718 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a highly developed scholarly profile consisting of 59 publications and 1,869 citations, with the latest peer-reviewed publication dating to 2025. The filing was supported by four recommendation letters and no testimonial letters.
The case proceeded through the Nebraska Service Center with a premium processing upgrade.
NIW Approvals After RFE (2)
#2: NIW in Nanomedicine
Born in Vietnam and residing in the United States, this applicant is a Researcher in Nanomedicine and proposes to work as a Postdoctoral Associate. Filed in Nanomedicine, the petition received an RFE from Officer XM1910 before approval was secured.
The applicant held a STEM Ph.D. and presented a developed scholarly record of 14 publications and 417 citations, with the latest peer-reviewed publication dating to 2024. The petition proceeded without any supporting letters.
The case was adjudicated at 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.
#3: NIW in Condensed-matter Physics
This case involved a Research Staff 3 Physics born in Germany and residing in the United States, who proposes to remain in the same role. Filed in Condensed-matter Physics, the NIW petition followed a more demanding path because the applicant had previously pursued an EB-1A filing that received an RFE from Officer XM1861 and was denied before this NIW approval was secured.
The applicant held a STEM Ph.D. and presented a substantial scholarly profile consisting of 28 publications and 606 citations, with the latest peer-reviewed publication dating to 2026. The filing was supported by four recommendation letters and three testimonial letters.
The case proceeded through the Nebraska Service Center with upfront premium processing.
Notable: This approval is notable for securing NIW approval after a prior EB-1A filing had received RFE review and ended in denial.
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.