5 I-140 Approvals After RFE on June 2, 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, including two EB-1A approvals and three NIW approvals. These cases reflect approvals involving both academic researchers and industry professionals, petitions supported by widely varying publication and citation records, applicants residing both inside and outside the United States, and filings that proceeded with limited or no supporting letters. Together, they demonstrate that favorable outcomes remain achievable even after intensified scrutiny and procedural complexity.
Cases With Inherent Challenges
Petitions Proceeding Without Supporting Letters
Several approvals were secured with limited supporting documentation, including petitions that proceeded without any recommendation letters, testimonial letters, or both. When traditional supporting evidence is absent, the petition must rely more heavily on objective achievements, scholarly impact, professional experience, and the overall coherence of the evidentiary record to satisfy the heightened demands of RFE review.
International Residence and Cross-Border Adjudication
Some approvals involved applicants residing outside the United States at the time of adjudication. Such cases may require additional strategic clarity because the petition must not only establish eligibility under the governing immigration standard but also persuasively demonstrate the applicant's future contributions within the United States despite their overseas residence.
Procedural Transfers Between Service Centers
One approval involved multiple transfers between the Nebraska Service Center and the Texas Service Center before ultimately reaching approval. Petitions that move through different adjudicative environments must remain consistent and persuasive throughout the review process while being evaluated by multiple officers and service center teams.
EB-1A Approvals After RFE (2)
#1: EB-1A in Optical Engineering
This EB-1A approval involved an Assistant Research Professor, born in China and residing in the United States, who proposes to continue working in the same role. Filed in Optical Engineering, the petition received an RFE from Officer EX5199 before ultimately securing approval.
The applicant held a STEM master's degree and presented a scholarly profile consisting of 23 publications and 549 citations, with peer-reviewed work published as recently as 2024. The filing was supported by four recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Nebraska Service Center with a premium processing upgrade.
#2: EB-1A in Electrical Power Engineering
This EB-1A approval involved an Infrastructure Project Specialist, born in Ethiopia and residing in the United States, who proposes to continue in the same position. Filed in Electrical Power Engineering, the petition received an RFE from Officer XM1320 before approval was ultimately achieved.
The applicant held a STEM Ph.D. and demonstrated a highly cited scholarly record consisting of 13 publications and 2,076 citations, with the most recent peer-reviewed publication appearing in 2023. The filing included four recommendation letters and one testimonial letter.
The petition was adjudicated through the Texas Service Center with upfront premium processing.
NIW Approvals After RFE (3)
#3: NIW in Environmental Science
This NIW approval involved a Graduate Student Researcher, born in Nepal and residing in Slovenia, who proposes to work as an Assistant Professor. Filed in Environmental Science, the petition received an RFE from Officer XM1989 before ultimately securing approval.
The applicant held a STEM master's degree and presented a developing scholarly profile consisting of 5 publications and 96 citations, with peer-reviewed work published as recently as 2024. The petition proceeded without any supporting letters.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review without any recommendation or testimonial letters while the applicant was residing outside the United States.
#4: NIW in Biotechnology
This NIW approval involved an Assistant Project Scientist, born and residing in Chile, who proposes to work as an Assistant Professor. Filed in Biotechnology, the petition received an RFE from Officer XM2532 before approval was ultimately achieved.
The applicant held a STEM Ph.D. and established a focused scholarly record consisting of 8 publications and 70 citations, with peer-reviewed work published as recently as 2024. The filing was supported by four 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 later back to the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review while undergoing multiple procedural transfers between service centers and while the applicant was residing outside the United States.
#5: NIW in Mechanical Engineering
This NIW approval involved a Senior Mechatronics Engineer in industry, born in Nepal and residing in the United States, who proposes to continue in the same role. Filed in Mechanical Engineering, the petition received an RFE from the Texas Service Center before ultimately securing approval.
The applicant held a STEM Ph.D. and presented a developing scholarly profile consisting of 6 publications and 22 citations, with peer-reviewed work published as recently as 2024. The filing included four recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Texas Service Center without premium processing and was approved after a lengthy review period of 693 days.
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.