4 I-140 Approvals After RFE on July 6, 2026
A Request for Evidence (RFE) represents one of the most demanding stages of adjudication in the employment-based immigration process. When USCIS issues an RFE, the petition enters a heightened level of review in which the adjudicating officer seeks additional clarification, stronger evidentiary support, or a more persuasive explanation connecting the applicant's accomplishments to the applicable immigration standard. Successfully navigating this stage requires a record that remains organized, internally consistent, and directly responsive to the concerns raised during adjudication.
The following success stories highlight four NIW approvals secured after RFE review. Several petitions involved transfers between the Nebraska Service Center and the Texas Service Center, while others proceeded without recommendation letters, testimonial letters, or both. Together, these approvals demonstrate that favorable outcomes remain achievable when the evidentiary record remains coherent, responsive, and aligned with the applicable legal standard.
Cases With Inherent Challenges
Service Center Transfers During Adjudication
Several petitions involved a transfer between the Nebraska Service Center and the Texas Service Center before approval. While only one petition underwent multiple transfers, even a single transfer can add procedural complexity because the evidentiary record must remain clear, consistent, and persuasive across adjudicative settings.
Limited or No Supporting Letters
Several approvals proceeded with limited supporting letters, including petitions supported only by testimonial letters or recommendation letters, and another petition filed without any recommendation or testimonial letters. In these cases, adjudication necessarily relied more heavily on objective evidence, including publication record, citation impact, recent scholarly contributions, and documented professional accomplishments.
Non-STEM Field
One approval involved a non-STEM field, requiring the petition to clearly connect the applicant’s professional and scholarly accomplishments to the NIW standard. This made the organization of evidence especially important during RFE review.
NIW Approvals After RFE (4)
#1: NIW in Biomedical Science
This NIW approval involved an Internal Medicine Resident Physician, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Biomedical Science, the petition received an RFE from Officer XM2513 before approval was ultimately secured.
The applicant held an M.D. degree and presented a scholarly profile consisting of 4 publications and 73 citations, with peer-reviewed work published as recently as 2022. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.
The adjudication involved transfers from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field while undergoing multiple service center transfers.
#2: NIW in Electrical and Computer Engineering
This NIW approval involved a Ph.D. candidate who proposes to work as a Postdoctoral Researcher, born in China and residing in the United States. Filed in Electrical and Computer Engineering, the petition received an RFE from Officer XM2366 before approval was ultimately secured.
The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 8 publications and 82 citations, with peer-reviewed work published as recently as 2026. The filing was supported by 3 recommendation letters and 1 testimonial letter.
The petition was transferred from the Nebraska Service Center to the Texas Service Center during adjudication.
#3: NIW in Observational Astronomy
This NIW approval involved a Ph.D. candidate, born in Chile and residing in the United States, who proposes to work as a Support Astronomer. Filed in Observational Astronomy, the petition received an RFE from Officer XM2623 before approval was ultimately secured.
The applicant held a STEM master's degree and demonstrated an extensive scholarly record consisting of 53 publications and 8,240 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without recommendation letters and was supported by 4 testimonial letters.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
#4: NIW in Quantum Information Science
This NIW approval involved a Postdoctoral Scholar, born in South Korea and residing in the United States, who proposes to continue in the same role. Filed in Quantum Information Science, the petition received an RFE from Officer XM2623 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 11 publications and 295 citations, with peer-reviewed work published as recently as 2026. The filing proceeded without any supporting letters.
The petition was transferred from the Nebraska Service Center to 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.
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.