3 I-140 Approvals After RFE on May 13, 2026
A Request for Evidence (RFE) is not a final adjudication outcome, but it reflects a more demanding stage of review in the I-140 adjudication process. In employment-based immigrant petitions, an RFE generally indicates that the adjudicating officer requires a clearer explanation of eligibility, a stronger evidentiary connection between the applicant’s record and the governing legal standard, or additional clarification regarding the applicant’s proposed work and its broader impact. Once a petition enters this stage, the filing is evaluated under heightened scrutiny and must remain internally consistent, strategically positioned, and well-supported to ultimately secure approval.
The following success stories highlight three I-140 approvals achieved after RFE review, including one EB-1A approval and two NIW approvals. These cases reflect varied evidentiary profiles, procedural transfer histories, and prior adjudication complications, demonstrating that approval remains achievable even after intensified review and procedural setbacks.
Cases With Inherent Challenges
Multiple Service Center Transfers During Adjudication
One EB-1A case experienced multiple procedural transfers between the Texas Service Center and the Nebraska Service Center before approval was ultimately secured. Movement between service centers increases adjudicative complexity because the petition must maintain consistency across changing reviewing environments and adjudicative perspectives throughout the process.
Limited or No Supporting Letters
One NIW approval proceeded without any recommendation or testimonial letters, requiring the petition to rely entirely on the applicant’s publication history, citation impact, and overall objective scholarly record to satisfy the applicable legal standard during RFE review.
Prior Denial Before Refiling
One NIW approval involved a refiled petition after a prior NIW filing had already received an RFE and was denied. Prior adverse adjudication history adds complexity because the subsequent filing must overcome earlier scrutiny while presenting a sufficiently persuasive and internally consistent record capable of securing approval under renewed review.
EB-1A Approval After RFE (1)
#1: EB-1A in Molecular Medicine
This EB-1A approval involved a Visiting Postdoctoral Fellow, born in India and residing in the United States, who proposes to continue in the same role. Filed in Molecular Medicine, the petition received an RFE from Officer EX5113 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a strong scholarly profile consisting of 18 publications and 512 citations, with peer-reviewed work published as recently as 2023. The filing was supported by five recommendation letters and proceeded without testimonial letters.
The adjudication involved procedural transfers from the Texas Service Center to the Nebraska Service Center and then back to the Texas Service Center, with a premium processing upgrade.
Notable: This approval is notable for achieving EB-1A approval after RFE review while navigating multiple service center transfers during adjudication.
NIW Approvals After RFE (2)
#2: NIW in Public Health
This NIW approval involved a Senior Health Specialist, born in Ghana and residing in the United States, who proposes to continue in the same role. Filed in Public Health, the petition received an RFE from Officer XM1747 before approval was ultimately achieved.
The applicant held a STEM Ph.D. and presented a credible scholarly record consisting of 10 publications and 199 citations, including peer-reviewed work published in 2023. This filing proceeded without any supporting letters.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters.
#3: NIW in Biomedical Engineering
This NIW approval involved a Ph.D. candidate, born in China and residing in the United States, who proposes to work as a Medical Device Engineer in Imaging Technologies in industry. Filed in Biomedical Engineering, the petition was a refiled NIW case after a prior NIW petition had received an RFE from Officer XM2560 and was denied. The subsequent filing later received an additional RFE from Officer EX5154 before approval was ultimately secured.
The applicant held a STEM master’s degree and presented a developing scholarly profile consisting of 8 publications and 62 citations, with recent peer-reviewed work published in 2025. The petition was supported by seven recommendation letters and proceeded without testimonial letters.
The case was adjudicated through the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW success after an initial petition was denied following an RFE, while the refiled case also faced another RFE before final approval was granted.
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.