5 I-140 Approvals After RFE on June 12, 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 procedural history, including two EB-1A approvals and three NIW approvals. These cases reflect procedural transfers between service centers, a related EB-1A petition that received an RFE and was withdrawn, and filings supported by varying levels of recommendation and testimonial evidence. Together, they demonstrate that favorable outcomes remain achievable even after intensified scrutiny and adjudicative complexity.
Cases With Inherent Challenges
Approval After Adjudicative Challenges
One approval involved an NIW petition where a related EB-1A petition received an RFE and was ultimately withdrawn. This kind of parallel or related adjudicative history can add complexity because the approved petition must remain persuasive under its own legal framework while the applicant’s broader record has also faced heightened scrutiny in another petition category.
Procedural Transfers Between Service Centers
Both EB-1A approvals involved multiple transfers between the Nebraska Service Center and the Texas Service Center during adjudication. Such procedural movement can increase complexity because the petition must remain internally consistent and persuasive while being reviewed across different adjudicative environments and officer perspectives.
Petitions Proceeding With Limited Supporting Letters
Several approvals were secured with limited supporting letters, including one NIW petition that proceeded without any recommendation or testimonial letters and other filings that did not include testimonial letters. When a petition proceeds with limited supporting documentation, the case must rely more heavily on objective evidence, professional accomplishments, publication and citation records, and the overall consistency of the evidentiary presentation.
EB-1A Approvals After RFE (2)
#1: EB-1A in Distributed Data Engineering
This EB-1A approval involved a Software Development Engineer in industry, born in India and residing in the United States, who proposes to continue in the same role. Filed in Distributed Data Engineering, the petition received an RFE from Officer TSC1443 before ultimately securing approval.
The applicant held a STEM master's degree and presented a scholarly profile consisting of 8 publications and 270 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.
The adjudication involved multiple procedural transfers, moving 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 securing EB-1A approval after RFE review while undergoing multiple service center transfers.
#2: EB-1A in Food Science
This EB-1A approval involved an Associate Scientist, born in China and residing in the United States, who proposes to continue in the same role. Filed in Food Science, the petition received an RFE from Officer XM2532 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a strong scholarly profile consisting of 22 publications and 535 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 6 recommendation letters and proceeded without testimonial letters.
The adjudication involved multiple procedural transfers, moving 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 EB-1A approval after RFE review while undergoing multiple service center transfers.
NIW Approvals After RFE (3)
#3: NIW in Clinical Medicine
This NIW approval involved a Categorical Resident, born in the United Kingdom and residing in the United States, who proposes to continue in the same role. Filed in Clinical Medicine, the applicant initially filed an NIW petition, followed by an EB1A petition. The NIW has been approved, while the EB1A has received an RFE from Officer NSC0858 and was ultimately withdrawn.
The applicant held an M.B.B.S. degree and presented a substantial scholarly profile consisting of 62 publications and 1,360 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without any supporting letters.
The petition was adjudicated through the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval without recommendation or testimonial letters after a related EB-1A petition had received an RFE and was ultimately withdrawn.
#4: NIW in Biostatistics
This NIW approval involved a Postdoctoral Researcher, born in China and residing in the United States, who proposes to continue in the same role. Filed in Biostatistics, the petition received an RFE from Officer XM2484 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a focused scholarly profile consisting of 7 publications and 409 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 6 recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
#5: NIW in Oceanography
This NIW approval involved a Ph.D. student, born in Bangladesh and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Oceanography, the petition received an RFE from Officer XM2582 before approval was ultimately secured.
The applicant held a STEM master's degree and presented a developing scholarly profile consisting of 2 publications and 47 citations, with peer-reviewed work published as recently as 2019. The filing was supported by 2 recommendation letters and 2 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.