5 I-140 Approvals After RFE on June 1, 2026
A Request for Evidence (RFE) is not a final adjudication outcome, but rather a more demanding stage of review in the I-140 adjudication process. In employment-based immigrant petitions, an RFE generally indicates that the adjudicating officer requires a clearer articulation of eligibility, a stronger evidentiary connection between the applicant’s accomplishments and the governing legal standard, or additional clarification regarding the applicant’s proposed work and broader impact. Once a petition enters this stage, the filing is evaluated under heightened scrutiny and must remain strategically positioned, internally consistent, and well-supported to ultimately secure approval.
The following success stories highlight five I-140 approvals achieved after RFE review or prior adverse adjudication history, including two EB-1A approvals and three NIW approvals. These cases reflect approvals involving industry professionals and academic researchers, petitions supported by widely varying publication and citation records, prior denial history in another immigrant category, and both upfront and upgraded Premium Processing requests, demonstrating that favorable outcomes remain achievable even after intensified scrutiny and procedural complexity.
Cases With Inherent Challenges
Prior Denial Before Subsequent Approval
One approval involved an NIW petition filed after the applicant had previously pursued an EB-1A petition that received an RFE and was ultimately denied. A subsequent approval following an adverse adjudicative outcome introduces additional complexity because the later filing must present a persuasive record that remains responsive to heightened scrutiny while clearly establishing eligibility under a different immigrant category.
Limited Scholarly Records in Extraordinary Ability Adjudications
Some approvals involved applicants with comparatively modest publication and citation profiles, including one EB-1A petition filed without any publications and another NIW petition supported by only a small number of published works. Such cases often require a particularly coherent presentation of professional achievements and supporting evidence because the petition cannot rely primarily on extensive academic metrics.
Petitions Proceeding Without Supporting Letters
Several approvals were secured without recommendation letters or testimonial letters. When a filing proceeds without traditional supporting documentation, the petition must rely more heavily on objective evidence, professional accomplishments, and the overall consistency of the evidentiary record to satisfy adjudicative requirements during RFE review.
EB-1A Approvals After RFE (2)
#1: EB-1A in Machine Learning
This EB-1A approval involved a Senior Staff Software Engineer in industry, born in India and residing in the United States, who proposes to continue in the same role. Filed in Machine Learning, the petition received an RFE from Officer XM0312 before ultimately securing approval.
The applicant held a STEM master's degree and presented a professional profile that included 21 citations despite having no publications, with the most recent peer-reviewed work associated with the record dating to 2023. The filing was supported by four recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Texas Service Center with upfront premium processing.
#2: EB-1A in Biomedical Engineering
This EB-1A approval involved a Ph.D. student, born in Bangladesh and residing in the United States, who proposes to work as a Postdoctoral Scholar. Filed in Biomedical Engineering, the petition received an RFE from Officer EX0787 before approval was ultimately secured.
The applicant held a STEM master's degree and demonstrated a substantial scholarly profile consisting of 26 publications and 871 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without any supporting letters.
The petition was adjudicated through the Nebraska Service Center with upfront premium processing.
Notable: This approval is notable for achieving EB-1A approval after RFE review without recommendation or testimonial letters.
NIW Approvals After RFE (3)
#3: NIW in Semiconductor Physics
This NIW approval involved a Schmidt Science Fellow, born in the United Kingdom and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Semiconductor Physics, the approval followed an earlier EB-1A petition that received an RFE from Officer XM0389 and was ultimately denied before the NIW petition secured approval.
The applicant held a STEM Ph.D. and presented a strong scholarly profile consisting of 16 publications and 675 citations, with peer-reviewed work published as recently as 2025. The filing was supported by five recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Texas Service Center with upfront premium processing.
Notable: This approval is notable for securing NIW approval after a prior EB-1A petition received an RFE and was ultimately denied.
#4: NIW in Deep Learning
This NIW approval involved a Ph.D. student, born in China and residing in the United States, who proposes to work as a Senior Deep Learning Scientist in industry. Filed in Deep Learning, the petition received an RFE from Officer XM2623 before approval was ultimately achieved.
The applicant held a STEM master's degree and presented a focused scholarly profile consisting of 4 publications and 537 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without any supporting letters.
The adjudication was conducted through 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.
#5: NIW in Computational Social Science
This NIW approval involved a Ph.D. student, born in China and residing in the United States, who proposes to work as an Assistant Professor. Filed in Computational Social Science, the petition received an RFE from Officer XM2366 before ultimately securing approval.
The applicant held a STEM master's degree and demonstrated a developing scholarly record consisting of 13 publications and 125 citations, with peer-reviewed work published as recently as 2025. The filing was supported by four 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.