4 I-140 Approvals After RFE on July 8, 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. Three approvals involved refiled NIW petitions following an earlier denial or withdrawal, while another petition was approved after responding to an RFE during its original adjudication. The cases also included multiple service center transfers, approvals without recommendation or testimonial letters, and applicants from both academic and industry backgrounds. 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
Refiled Petitions After Prior Adverse Outcomes
Three approvals involved refiled NIW petitions after an earlier NIW petition had received an RFE and was either denied or withdrawn. One of these cases also included an appeal that was subsequently returned following the initial denial. These procedural histories required the subsequent filing to independently establish eligibility while addressing issues that arose during the earlier adjudication.
Service Center Transfers During Adjudication
One approval involved transfers between the Nebraska Service Center and the Texas Service Center before returning to the Nebraska Service Center for final adjudication. Movement between service centers can introduce additional procedural complexity because the evidentiary record must remain organized, persuasive, and internally consistent throughout review by different adjudicators.
Limited or No Supporting Letters
Several approvals proceeded with limited supporting evidence. One petition was approved without any recommendation letters or testimonial letters, while the remaining petitions relied on only a small number of supporting letters. In these situations, adjudication necessarily depended more heavily on objective evidence, including publication record, citation impact, recent scholarly contributions, and documented professional accomplishments.
NIW Approvals After RFE (4)
#1: NIW in Biological Science
This NIW approval involved a Postdoctoral Scholar, born in Nigeria and residing in the United States, who proposes to continue in the same role. Filed in Biological Science, the petition received an RFE from Officer XM2420 before approval was ultimately secured.
The applicant held a STEM D.Sc. degree and presented a scholarly profile consisting of 4 publications and 30 citations, with peer-reviewed work published as recently as 2021. The filing proceeded without any supporting 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 without recommendation or testimonial letters while undergoing multiple service center transfers.
#2: NIW in Medical Research
This NIW approval involved a Resident Physician, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Medical Research, the applicant secured approval through a refiled NIW petition after the first NIW petition received an RFE from Officer XM2294 and was denied. The earlier appeal was subsequently returned before they refiled the petition.
The applicant held a STEM bachelor’s degree and demonstrated a scholarly record consisting of 14 publications and 72 citations, with peer-reviewed work published as recently as 2026. The filing was supported by 3 recommendation letters and 2 testimonial letters.
The petition was adjudicated through the Nebraska Service Center with upfront premium processing.
Notable: This approval is notable for securing NIW approval through a refiled petition after the initial NIW petition received an RFE, was denied, and the subsequent appeal was returned.
#3: NIW in Display and Imaging Optics
This NIW approval involved an Optical System Engineer in industry, born in China and residing in the United States, who proposes to remain in the same role. Filed in Display and Imaging Optics, the applicant secured approval through a refiled NIW petition after the first NIW petition received an RFE from Officer XM2420 and was denied.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 12 publications and 94 citations, with peer-reviewed work published as recently as 2026. The filing was supported by 5 recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Nebraska Service Center with upfront premium processing.
Notable: This approval is notable for securing NIW approval through a refiled petition after the initial NIW petition received an RFE and was denied.
#4: NIW in Advanced Modeling
This NIW approval involved a Ph.D. student, born in Spain and residing in the United States, who proposes to work as a Research Scientist. Filed in Advanced Modeling, the applicant secured approval through a refiled NIW petition after the first NIW petition received an RFE from Officer XM2543 and was later withdrawn.
The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 11 publications and 154 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 3 recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval through a refiled petition after the initial NIW petition received an RFE and was subsequently withdrawn.
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.