6 I-140 Approvals After RFE on May 11, 2026
A Request for Evidence, or RFE, is not a final adjudication outcome, but it reflects a more demanding stage of review in the I-140 process. In employment-based immigrant petitions, an RFE generally indicates that the adjudicating officer requires a clearer explanation 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 its broader significance. Once a petition enters this stage, the case is evaluated under heightened scrutiny and must remain internally consistent, well-supported, and strategically positioned to secure approval.
The following six success stories highlight I-140 approvals achieved after RFE review, including two EB-1A approvals and four NIW approvals. These cases reflect a range of evidentiary profiles, procedural histories, and adjudication complexities, demonstrating how applicants can still secure favorable outcomes despite increased scrutiny and procedural challenges.
Cases With Inherent Challenges
Multiple Service Center Transfers During Adjudication
Several petitions experienced multiple transfers between the Texas Service Center and the Nebraska Service Center before approval was ultimately secured. Procedural movement between service centers increases adjudicative complexity because the petition must maintain consistency across different reviewing environments and officer perspectives.
Limited or No Supporting Letters
The cases reflected significant variation in supporting documentation. Two NIW approvals proceeded without any recommendation or testimonial letters, requiring the applicants’ publication history, citation impact, and overall objective record to carry greater weight during adjudication.
Increased Scrutiny Despite Premium Processing
Most of the petitions proceeded with either upfront premium processing or premium processing upgrades, yet still received RFEs before approval. This reflects that expedited adjudication does not reduce evidentiary scrutiny and that petitions must still withstand detailed substantive review even under accelerated processing timelines.
EB-1A Approvals After RFE (2)
#1: EB-1A in Electrical and Computer Engineering
This EB-1A approval involved a Graduate Research Assistant, born in China and residing in the United States, who proposes to continue in the same role. Filed in Electrical and Computer Engineering, the petition received an RFE from Officer EX0272 before approval was ultimately secured.
The applicant held a STEM master’s degree and presented a developing scholarly profile consisting of 9 publications and 149 citations, including recent peer-reviewed work published in 2025. The petition was supported by four recommendation letters and proceeded without testimonial letters.
The case was adjudicated at the Texas Service Center with a premium processing upgrade.
#2: EB-1A in Bioinformatics
This EB-1A approval involved a Senior Bioinformatics Research Scientist, born in China and residing in the United States, who proposes to continue in the same role. Filed in Bioinformatics, the petition received an RFE from Officer EX0368 before approval was ultimately achieved.
The applicant held a STEM Ph.D. and presented an exceptionally strong scholarly record consisting of 61 publications and 35,629 citations, with recent peer-reviewed work published in 2025. The filing included two recommendation letters and no testimonial letters.
The petition proceeded through the Nebraska Service Center with upfront premium processing.
NIW Approvals After RFE (4)
#3: NIW in Human Molecular Genetics
This NIW approval involved a Postdoctoral Associate, born in South Korea and residing in the United States, who proposes to continue in the same role. Filed in Human Molecular Genetics, the petition received an RFE from Officer EX0399 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 12 publications and 105 citations, including recent peer-reviewed work published in 2025. The petition proceeded without any supporting letters.
The case experienced multiple procedural transfers between the Texas Service Center and the Nebraska Service Center before returning to the Texas Service Center, and it proceeded with upfront premium processing.
Notable: This approval is notable for achieving NIW approval after RFE review despite multiple service center transfers and without any recommendation or testimonial letters.
#4: NIW in Computational Neuroscience
This NIW approval involved a Ph.D. student, born in China and residing in the United States, who proposes to become a Research Scientist in industry. Filed in Computational Neuroscience, the petition received an RFE from Officer XM2481 before approval was ultimately achieved.
The applicant held a STEM master’s degree and presented a developing scholarly record consisting of 8 publications and 95 citations, with the latest peer-reviewed work published in 2024. The filing was supported by two recommendation letters and no testimonial letters.
The petition moved between the Nebraska Service Center and the Texas Service Center before returning to the Nebraska Service Center, and the case proceeded with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review while navigating multiple service center transfers.
#5: NIW in Cancer Research
This NIW approval involved an Instructor, born in India and residing in the United States, who proposes to continue in the same role. Filed in Cancer Research, the petition received an RFE from the Texas Service Center before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a strong scholarly record consisting of 24 publications and 492 citations, including recent peer-reviewed work published in 2025. The petition was supported by two recommendation letters and proceeded without testimonial letters.
The case was adjudicated at the Texas Service Center with a premium processing upgrade.
#6: NIW in Epidemiology
This NIW approval involved a Ph.D. student, born in Vietnam and residing in the United States, who proposes to become a Postdoctoral Research Associate. Filed in Epidemiology, the petition received an RFE from Officer EX5080 before approval was ultimately achieved.
The applicant held an M.Med. degree and presented a scholarly profile consisting of 9 publications and 149 citations, with recent peer-reviewed work published in 2025. The petition proceeded without any supporting letters.
The case experienced procedural transfers between the Texas Service Center and the Nebraska Service Center before returning to the Texas Service Center, and the petition proceeded with upfront premium processing.
Notable: This approval is notable for achieving NIW approval after RFE review without supporting letters while also navigating 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.