5 I-140 Approvals After RFE on April 23, 2026
A Request for Evidence, or RFE, is not a final adjudication outcome. In the I-140 context, it reflects the adjudicating officer’s need for a clearer articulation of eligibility, a stronger connection between the applicant’s record and the governing legal standard, or a more persuasive explanation of the applicant’s proposed work. When a case advances beyond the RFE stage, the petition is reviewed under heightened scrutiny, requiring a coherent, well-supported, and internally consistent presentation to meet the elevated standard.
The following five success stories highlight I-140 approvals secured after RFE review or through more complex procedural paths, including three EB-1A approvals and two NIW approvals. These cases demonstrate how variations in procedural history, evidentiary support, and adjudication pathways can influence the level of difficulty in achieving approval.
Cases With Inherent Challenges
Complex Procedural Histories Across Multiple Filings
One NIW approval involved a layered procedural history in which a prior EB-1A petition received an RFE and was denied, while a related O-1 petition also received an RFE and was later withdrawn. Such sequences introduce additional complexity because the applicant’s record must be repositioned persuasively following earlier adverse or unresolved outcomes across different petition categories.
Cross-Service-Center Transfers
Several cases involved transfers between the Texas Service Center and the Nebraska Service Center, with some petitions moving back and forth before final adjudication. This type of movement requires the petition to maintain consistency and clarity across different adjudicating environments, increasing the level of scrutiny applied throughout the process.
Variation in Evidentiary Support
The cases reflect a range of supporting documentation, with some petitions supported by multiple recommendation letters, while others proceeded with limited supporting letters. This variation demonstrates that approval after RFE review can still be achieved through different evidentiary strategies when the overall petition remains cohesive and persuasive.
EB-1A Approvals After RFE (3)
#1: EB-1A in Medical Simulation
This EB-1A approval involved a Director of Medical Simulation / Assistant Professor born in Turkey and residing in the United States, who proposes to continue in the same role. Filed in Medical Simulation, the petition received an RFE from the Texas Service Center before approval was ultimately secured.
The applicant held an M.D. and presented a substantial scholarly record consisting of 56 publications and 689 citations, with the most recent peer-reviewed work published in 2025. The filing was supported by five recommendation letters and no testimonial letters.
The case proceeded through the Texas Service Center with upfront premium processing.
Notable: This approval is notable for achieving EB-1A approval after RFE review in a non-STEM field.
#2: EB-1A in Neuroscience
This EB-1A approval involved a Postdoctoral Associate born in China and residing in the United States, who proposes to continue in the same role. Filed in Neuroscience, the petition received an RFE from Officer EX0272 before approval was secured.
The applicant held a STEM Ph.D. and presented a developing scholarly profile consisting of 8 publications and 164 citations, with the most recent peer-reviewed work published in 2023. The filing was supported by eight recommendation letters and no testimonial letters.
The case followed a complex procedural path, transferring 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 securing EB-1A approval following an RFE review and multiple service center transfers.
#3: EB-1A in Biotechnologies
This EB-1A approval involved an Application Scientist in industry, born in China and residing in the United States, who proposes to continue in the same role. Filed in Biotechnologies, the petition received an RFE from Officer XM2415 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a solid scholarly record consisting of 19 publications and 417 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.
NIW Approvals After RFE (2)
#4: NIW in Environmental Biotechnology
This NIW approval involved a Postdoctoral Fellow born in Egypt and residing in the United States, who proposes to continue in the same role. Filed in Environmental Biotechnology, the petition followed a complex procedural history in which a prior EB-1A petition received an RFE from Officer EX0592 and was denied, and a related O-1 petition received an RFE from the Vermont Service Center and was later withdrawn.
The applicant held a STEM Ph.D. and presented a highly developed scholarly record consisting of 42 publications and 875 citations, with the most recent peer-reviewed work published in 2024. The filing was supported by four recommendation letters and no testimonial letters.
The case proceeded through the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval despite a complex procedural history involving RFE review, denial, and withdrawal across EB-1A and O-1 petitions.
#5: NIW in Bioinformatics
This NIW approval involved a Bioinformaticist born in India and residing in the United States, who proposes to continue in the same role. Filed in Bioinformatics, the petition received an RFE from Officer XM2594 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented an extensive scholarly record consisting of 33 publications and 2,173 citations, with the most recent peer-reviewed work published in 2025. The filing included one recommendation letter and one testimonial letter.
The case followed a complex adjudication path, transferring from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center, with upfront premium processing.
Notable: This approval is notable for achieving NIW approval after RFE review, while going through multiple service center transfers.
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.