6 I-140 Approvals After RFE on June 25, 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 six I-140 approvals achieved after RFE review. These approvals include two EB-1A petitions and four NIW petitions. Several cases involved multiple service center transfers, applicants residing outside the United States, non-STEM fields, petitions supported solely by testimonial letters, and non-premium processing timelines exceeding two years. Together, they demonstrate that favorable outcomes remain achievable when the evidentiary record remains coherent, responsive, and aligned with the applicable legal standard. 


Cases With Inherent Challenges

Multiple Service Center Transfers

Several approvals involved petitions transferred between the Nebraska Service Center and the Texas Service Center before final adjudication. Such procedural movement can add complexity because the petition must remain persuasive and internally consistent across different adjudicative environments.

Approvals in Non-STEM Fields

Several approvals were secured in non-STEM fields, including Public Policy and Chronic Disease and Health Disparities. In these cases, the record needed to clearly explain the applicant’s qualifications, scholarly contributions, and proposed work in a way that remained persuasive under heightened adjudicative review.

Applicants Residing Outside the United States

One approval involved an applicant residing outside the United States at the time of adjudication. In such cases, the petition must still clearly establish the applicant's qualifications, proposed employment, and eligibility under the applicable immigration standard. 


EB-1A Approvals After RFE (2)

#1: EB-1A in Public Policy

This EB-1A approval involved a Ph.D. candidate, born in Bangladesh and residing in the United States, who proposes to work as an Assistant Professor. Filed in Public Policy, the petition received an RFE from Officer EX0080 before approval was ultimately secured.

The applicant held a master’s degree and presented a strong scholarly profile consisting of 26 publications and 804 citations, with peer-reviewed work published as recently as 2026. The filing was supported by 4 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 EB-1A approval after RFE review in a non-STEM field.


#2: EB-1A in Microbiology

This EB-1A approval involved a Postdoctoral Fellow, born in South Korea and residing in the United States, who proposes to continue in the same employment. Filed in Microbiology, the petition received an RFE from the Texas Service Center before approval was ultimately achieved.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 50 publications and 1,871 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The adjudication involved transfers 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. 


NIW Approvals After RFE (4)

#3: NIW in Chronic Disease and Health Disparities

This NIW approval involved a Staff Research Assistant, born in Iran and residing in the United States, who proposes to continue in the same role. Filed in Chronic Disease and Health Disparities, the petition received an RFE from Officer XM2375 before approval was ultimately secured.

The applicant held an M.D. degree and presented a scholarly profile consisting of 4 publications and 41 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without recommendation letters and was supported by 3 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 after RFE review in a non-STEM field.


#4: NIW in Medicinal Chemistry

This NIW approval involved a Postdoctoral Fellow, born and residing in India, who proposes to continue in the same employment. Filed in Medicinal Chemistry, the petition received an RFE from Officer XM2546 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 8 publications and 92 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Nebraska Service Center without premium processing and was approved in 862 days.

Notable: This approval is notable for securing NIW approval after RFE review while the applicant was residing outside the United States.


#5: NIW in Computer Science

This NIW approval involved a Ph.D. student, born in Iran and residing in the United States, who proposes to work as a Research Engineer. Filed in Computer Science, the petition received an RFE from Officer XM2378 before approval was ultimately achieved.

The applicant held a master's degree and demonstrated a scholarly record consisting of 4 publications and 23 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without recommendation letters and was supported by 4 testimonial letters.

The adjudication involved transfers 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 NIW approval after RFE review while undergoing multiple service center transfers.


#6: NIW in Geospace Science

This NIW approval involved an Assistant Research Scientist, born in China and residing in the United States, who proposes to continue in the same role. Filed in Geospace Science, the petition received an RFE from Officer XM2546 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 7 publications and 59 citations, with peer-reviewed work published as recently as 2022. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Nebraska Service Center without premium processing and was approved in 868 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.