3 I-140 Approvals After RFE on May 27, 2026
A Request for Evidence, or RFE, represents a more demanding stage of adjudication in the I-140 immigration process rather than a final denial outcome. Once an RFE is issued, the petition must withstand heightened scrutiny while clearly demonstrating eligibility under the applicable legal framework. This often requires a more precise connection between the applicant’s scholarly achievements, professional trajectory, proposed work, and the broader significance of the field in which the applicant operates.
The following success stories highlight three NIW approvals achieved after RFE review. These cases involved procedural transfers between service centers, premium processing upgrades during adjudication, and approvals across multiple STEM disciplines with varying scholarly profiles. Together, they demonstrate that favorable outcomes remain achievable even after intensified adjudicative review and evolving procedural circumstances.
Cases With Inherent Challenges
Procedural Transfers Between Service Centers
Two approvals involved petitions that moved between the Nebraska Service Center and the Texas Service Center before final adjudication. Such transfers increase procedural complexity because the petition must remain internally consistent and persuasive while being reviewed across different adjudicative environments and officer perspectives.
Varied Scholarly Profiles Under NIW Review
The cases also reflected differing scholarly profiles, ranging from developing citation histories to more established publication records with several hundred citations. These approvals demonstrate that successful outcomes after RFE review depend not only on numerical metrics, but also on the coherence of the evidentiary presentation and the alignment between the applicant’s expertise and proposed endeavor.
NIW Approvals After RFE (3)
#1: NIW in Computational Mechanics
This NIW approval involved a Research Associate, born in Vietnam and residing in the United States, who proposes to continue in the same role. Filed in Computational Mechanics, the petition received an RFE from the Texas Service Center before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 11 publications and 34 citations, including peer-reviewed work published as recently as 2024. The filing included four recommendation letters and proceeded without testimonial letters.
The adjudication involved procedural transfers from the Nebraska Service Center to the Texas Service Center and later back to the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review despite multiple procedural transfers between service centers.
#2: NIW in Biomedical Science
This NIW approval involved a Postdoctoral Research Associate, born in Nepal and residing in the United States, who proposes to continue in the same role. Filed in Biomedical Science, the petition received an RFE from Officer XM2479 before approval was ultimately achieved.
The applicant held a STEM Ph.D. and presented a substantial scholarly profile consisting of 15 publications and 373 citations, with peer-reviewed work published as recently as 2024. The filing included two recommendation letters and proceeded without testimonial letters.
The adjudication involved procedural transfers between the Nebraska Service Center and the Texas Service Center before the case returned to the Nebraska Service Center with a premium processing upgrade during adjudication.
Notable: This approval is notable for securing NIW approval after RFE review despite multiple procedural transfers between service centers.
#3: NIW in Experimental Biology
This NIW approval involved a Postdoctoral Associate, born in Brazil and residing in the United States, who proposes to continue in the same role. Filed in Experimental Biology, the petition received an RFE from Officer XM2055 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a strong scholarly profile consisting of 22 publications and 448 citations, including peer-reviewed work published as recently as 2023. The filing included two recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through 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 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.