6 I-140 Approvals After RFE on May 4, 2026
A Request for Evidence, or RFE, is not a final adjudication outcome, but it indicates that a petition has entered a more demanding stage of review. In the I-140 context, an RFE reflects the adjudicating officer’s need for a clearer articulation of eligibility, a stronger evidentiary connection between the applicant’s record and the governing legal standard, or a more persuasive explanation of the proposed work. Once a case progresses beyond this stage, the petition is evaluated under heightened scrutiny and must remain coherent, consistent, and well-supported to achieve approval.
The following six success stories highlight I-140 approvals secured after RFE review, including two EB-1A approvals and four NIW approvals. These cases reflect varying levels of evidentiary strength, procedural movement, and prior adjudication history, demonstrating how petitions can still succeed under increased scrutiny when the overall record remains persuasive and internally consistent.
Cases With Inherent Challenges
Prior Adjudication History Including Denial
One case involved a prior EB-1A petition that received an RFE and was ultimately denied before a subsequent NIW approval was secured. This type of history introduces an additional layer of scrutiny, as the applicant’s record must be repositioned effectively to address prior concerns while maintaining credibility under a different classification standard.
Service Center Transfers During Adjudication
Two cases experienced transfers between service centers, including movement between the Texas Service Center and the Nebraska Service Center. These procedural transitions require the petition to maintain clarity and consistency across different adjudicating environments, increasing the overall complexity of review.
Limited or Uneven Supporting Documentation
Several cases proceeded with limited or without supporting letters. In such situations, the objective record, including publications and citations, must carry greater weight in establishing eligibility and demonstrating the applicant’s impact.
Variation in Field Classification and Academic Background
The cases included both STEM and non-STEM fields, as well as applicants with differing academic credentials ranging from Ph.D. holders to M.D. and master’s degree holders. This variation requires tailored articulation of impact and national importance depending on the field and professional context.
EB-1A Approvals After RFE (2)
#1: EB-1A in Geotechnical Engineering
This EB-1A approval involved a Geotechnical Engineer in industry, born in China and residing in the United States, who proposes to continue in the same role. Filed in Geotechnical Engineering, the petition received an RFE from Officer XM0034 before approval was ultimately secured.
The applicant held a Ph.D. and presented an extensive scholarly record consisting of 40 publications and 197 citations, with recent peer-reviewed work published in 2025. The petition was supported by six recommendation letters and no testimonial letters.
The case was adjudicated at the Texas Service Center with a premium processing upgrade.
#2: EB-1A in Gastroenterology and Hepatology
This EB-1A approval involved an Internal Medicine Resident Physician, born in Brazil and residing in the United States, who proposes to continue in the same role. Filed in Gastroenterology and Hepatology, the case received an RFE from Officer XM2042 before approval was ultimately secured.
The applicant held an M.D. and presented a developing scholarly record consisting of 11 publications and 204 citations, with recent peer-reviewed work published in 2025. The petition was supported by six recommendation letters and no testimonial letters.
The case proceeded at the Texas Service Center with upfront premium processing.
Notable: This approval is notable for achieving EB-1A success after an RFE review in a non-STEM field.
NIW Approvals After RFE (4)
#3: NIW in Chemical Science
This NIW approval involved a Principal Scientist in industry, born in India and residing in the United States, who proposes to continue in the same role. The case followed a complex path, as a prior EB-1A petition received an RFE from Officer XM2106 and was denied before the NIW petition was approved.
The applicant held a Ph.D. and presented a solid scholarly record consisting of 13 publications and 197 citations, with recent peer-reviewed work published in 2025. The petition was supported by five recommendation letters and one testimonial letter.
The case was adjudicated at the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW petition following a prior EB-1A petition that received an RFE and resulted in a denial.
#4: NIW in Molecular Genetics
This NIW approval involved a Ph.D. candidate, born in Thailand and residing in Germany, who proposes to become a Research Scientist. Filed in Molecular Genetics, the petition received an RFE from Officer EX5177 before approval was ultimately secured.
The applicant held a master’s degree and presented a strong citation profile consisting of 10 publications and 345 citations, with recent peer-reviewed work published in 2025. The petition proceeded without any recommendation or testimonial letters.
The case experienced multiple transfers between the Texas Service Center and the Nebraska Service Center before returning to the Texas Service Center, with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval for an applicant residing outside the United States, despite no supporting letters and a procedurally complex service center transfer history.
#5: NIW in Geographic Information Science
This NIW approval involved a Geographic Information Scientist, born in Bangladesh and residing in the United States, who proposes to become a Postdoctoral Researcher. Filed in Geographic Information Science, the petition received an RFE from Officer XM2052 before approval was ultimately secured.
The applicant held a master’s degree and presented a well-developed scholarly record consisting of 10 publications and 219 citations, with recent peer-reviewed work published in 2024. The petition was supported by four recommendation letters and no testimonial letters.
The case was transferred between the Nebraska Service Center and the Texas Service Center before returning to the Nebraska Service Center, with a premium processing upgrade.
Notable: This approval is notable for securing approval after multiple service center transfers.
#6: NIW in Computer Science
This NIW approval involved a Ph.D. student, born in Bangladesh and residing in the United States, who proposes to become a Postdoctoral Researcher. Filed in Computer Science, the petition received an RFE from Officer XM2403 before approval was ultimately secured.
The applicant held a master’s degree and presented a developing scholarly profile consisting of 21 publications and 191 citations, with recent peer-reviewed work published in 2024. The petition proceeded without any supporting letters.
The case was adjudicated at the Texas Service Center with a premium processing upgrade.
Notable: This approval is notable for achieving NIW approval after RFE review without recommendation or testimonial letters.
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.