7 I-140 Approvals After RFE on July 10, 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 seven I-140 approvals secured after RFE review. These approvals include two EB-1A petitions and five NIW petitions. One case involved both EB-1A and NIW petition histories, while several petitions also underwent multiple service center transfers or were approved without recommendation letters or testimonial letters. Together, these approvals demonstrate that favorable outcomes remain achievable when the evidentiary record remains coherent, responsive, and aligned with the applicable legal standard.
Cases With Inherent Challenges
Complex Petition History
One NIW approval involved a related EB-1A petition that received an RFE and was denied. This procedural history added complexity because the NIW filing needed to present a clear and independently persuasive basis for approval despite the adverse outcome associated with the EB-1A petition.
Multiple Service Center Transfers
Several petitions underwent multiple transfers between the Nebraska Service Center and the Texas Service Center. Such procedural movement can introduce additional complexity because the evidentiary record must remain persuasive, organized, and internally consistent throughout review by different adjudicators.
Limited or No Supporting Letters
Several approvals proceeded with limited supporting letters or no supporting letters. In these cases, adjudication necessarily relied more heavily on objective evidence, including publication record, citation impact, recent scholarly contributions, and documented professional accomplishments.
EB-1A Approvals After RFE (2)
#1: EB-1A in Artificial Intelligence
This EB-1A approval involved a Senior Computer System Architect in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Artificial Intelligence, the petition received an RFE from the Texas Service Center before approval was ultimately secured.
The applicant held a STEM master's degree and demonstrated an extensive scholarly record consisting of 75 publications and 1,972 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.
#2: EB-1A in Pharmaceutical Science
This EB-1A approval involved an ORISE Fellow, born in China and residing in the United States, who proposes to work as a Postdoctoral Research Scientist. Filed in Pharmaceutical Science, the petition received an RFE from Officer XM1728 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 11 publications and 180 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 7 recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
NIW Approvals After RFE (5)
#3: NIW in Chemical Engineering
This NIW approval involved an Assistant Professor, born in Bangladesh and residing in the United States, who proposes to continue in the same employment. Filed in Chemical Engineering, 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 XM2263 and was subsequently denied.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 13 publications and 568 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 2 recommendation letters and proceeded without 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 a related EB-1A petition received an RFE and was denied.
#4: NIW in Materials Science
This NIW approval involved a Postdoctoral Research Associate, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Materials Science, the petition received an RFE from Officer EX0054 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 8 publications and 35 citations, with peer-reviewed work published as recently as 2024. The filing 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 recommendation or testimonial letters.
#5: NIW in Biomedical Sciences
This NIW approval involved a Ph.D. student, born in Turkey and residing in the United States, who proposes to work as a Principal Investigator and Physician. Filed in Biomedical Sciences, the petition received an RFE from Officer XM2164 before approval was ultimately secured.
The applicant qualified through the exceptional ability pathway rather than an advanced degree and demonstrated a scholarly record consisting of 9 publications and 106 citations, with peer-reviewed work published as recently as 2024. 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 a premium processing upgrade.
Notable: This approval is notable for securing NIW approval through the exceptional ability pathway while undergoing multiple service center transfers.
#6: NIW in Human-Computer Interaction
This NIW approval involved a Senior Engineer in industry, born in South Korea and residing in the United States, who proposes to remain in the same employment. Filed in Human-Computer Interaction, the petition received an RFE from Officer XM2055 before approval was ultimately secured.
The applicant held a STEM master's degree and presented a scholarly profile consisting of 6 publications and 113 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without any supporting 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 without recommendation or testimonial letters while undergoing multiple service center transfers.
#7: NIW in Chemical Engineering
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 Chemical Engineering, the petition received an RFE from Officer EX0303 before approval was ultimately secured.
The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 7 publications and 16 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without any supporting letters.
The adjudication involved transfers from the Texas Service Center to the Nebraska Service Center and then back to the Texas Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters while undergoing 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.