4 I-140 Approvals After RFE on April 21, 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 articulation of eligibility, a stronger evidentiary connection between the applicant’s record and the governing legal standard, or a more persuasive explanation of the applicant’s proposed work and future role. When a case proceeds beyond the RFE stage, the petition is evaluated under closer scrutiny, requiring a well-supported and internally consistent presentation to satisfy the heightened review.
The following four success stories highlight I-140 approvals secured after RFE review or more complex procedural histories, consisting of one EB-1A approval and three NIW approvals. These cases reflect a range of adjudicative challenges, including a later adverse outcome in a related filing, variation in evidentiary strategies, and differences in scholarly output and case positioning.
Cases With Inherent Challenges
Complex Filing History
One approval involved a more complicated filing history in which the EB-1A petition was approved, while a later NIW filing received an RFE and was denied. This type of procedural sequence adds complexity because it reflects different adjudicative outcomes across related filings, even where the applicant’s underlying record remained substantial.
Variation in Evidentiary Support
The approved cases reflect meaningful variation in supporting documentation. Some petitions were supported by multiple recommendation and testimonial letters, while others proceeded with limited or no supporting letters. This range illustrates that post-RFE approval can be achieved through different evidentiary approaches when the overall petition remains coherent and persuasive.
Differences in Scholarly Profiles
The applicants presented a wide spectrum of scholarly records, with publication counts ranging from 4 to 24 and citation counts from 24 to 844. Their most recent peer-reviewed work spanned from 2022 to 2025. These differences demonstrate that approval after RFE review is not limited to a single level of academic output, but rather depends on how effectively the record is positioned within the applicable legal framework.
EB-1A Approvals After RFE (1)
#1: EB-1A in Computer Science
This EB-1A approval involved a Research Engineer in industry born in China and residing in the United States, who proposes to continue in the same role. The applicant initially filed an EB1A petition in Computer Science, followed by an NIW petition. The EB1A has been approved, while the NIW has received an RFE from Officer XM2210 and was ultimately denied.
The applicant held a STEM Ph.D. and presented a strong scholarly record consisting of 24 publications and 844 citations, with the most recent peer-reviewed work published in 2023. The filing was supported by four recommendation letters and no testimonial letters.
The case was adjudicated at the Texas Service Center with a premium processing upgrade.
Notable: This approval is notable for securing EB-1A approval after a later NIW petition had received RFE review and ended in denial.
NIW Approvals After RFE (3)
#2: 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 Biomedical Engineer. Filed in Biomedical Engineering, the petition received an RFE from Officer EX0038 before approval was ultimately secured.
The applicant held a STEM master’s degree and presented a developing scholarly record consisting of 4 publications and 24 citations, with recent peer-reviewed work published in 2025. The filing was supported by two recommendation letters and two testimonial letters.
The case proceeded through the Nebraska Service Center with a premium processing upgrade.
#3: NIW in Pharmaceutical Sciences
This case involved a Senior Scientist born in India and residing in the United States, who proposes to continue in the same role. Filed in Pharmaceutical Sciences, the petition received an RFE from Officer XM0460 before approval was secured.
The applicant held a STEM Ph.D. and presented a solid scholarly profile consisting of 6 publications and 358 citations, with the most recent peer-reviewed work dating to 2023. The filing 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.
#4: NIW in Developmental Biology
This NIW approval involved a Researcher Senior born in China and residing in the United States, who proposes to remain in the same role. Filed in Developmental Biology, the petition received an RFE from Officer XM2481 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a developed scholarly record consisting of 8 publications and 133 citations, with the latest peer-reviewed work published in 2022. The filing was supported by four recommendation letters and no testimonial letters.
The case proceeded with a premium processing upgrade and was adjudicated at the Texas Service Center.
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.