7 I-140 Approvals After RFE on May 18, 2026
A Request for Evidence (RFE) is not a final adjudication outcome, but it reflects 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 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 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 seven NIW approvals achieved after RFE review, prior denial history, or procedural complications during adjudication. These cases reflect varied scholarly profiles, service center transfers, refiled petitions following earlier denials, and approvals secured with limited supporting documentation, demonstrating that successful outcomes remain achievable even after intensified scrutiny and procedural setbacks.
Cases With Inherent Challenges
Prior Denial Before Subsequent Approval
Several approvals involved applicants whose earlier NIW filings had already received RFEs and were ultimately denied before a later petition was approved. Prior denial history increases adjudicative complexity because the subsequent filing must overcome earlier concerns while presenting a stronger and more internally consistent evidentiary record capable of satisfying renewed scrutiny.
Limited Supporting Documentation
Some approvals involved comparatively limited supporting evidence, requiring the petitions to place greater emphasis on the applicants’ objective records, the consistency of their professional background, and the overall coherence of the evidentiary presentation.
Procedural Transfers and Varied Adjudicative Paths
The approvals also reflected varied procedural circumstances, including transfers between the Nebraska Service Center and the Texas Service Center, premium processing upgrades during adjudication, and petitions reviewed under different adjudicative environments. Such procedural movement adds complexity because the filing must remain consistent and persuasive across changing review stages and officer perspectives.
NIW Approvals After RFE (7)
#1: NIW in Aerospace Engineering
This NIW approval involved a Senior Software Engineer, born in Canada and residing in the United States, who proposes to continue in the same role. Filed in Aerospace Engineering, the petition represented a refiled NIW case after a prior NIW filing had received an RFE from the Texas Service Center and was ultimately denied before the later refiled petition secured approval.
The applicant held a STEM Ph.D. and presented a strong scholarly profile consisting of 17 publications and 220 citations, including peer-reviewed work published as recently as 2024. The filing was supported by three recommendation letters and proceeded without testimonial letters.
The case was adjudicated at the Texas Service Center with a premium processing upgrade.
Notable: This approval is notable for achieving a refiled NIW approval after a prior filing was denied following an RFE.
#2: NIW in Electrical Engineering
This NIW approval involved an Associate Professor, born in China and residing in the United States, who proposes to work as a Postdoctoral Scholar. Filed in Electrical Engineering, the petition represented a refiled NIW case after a prior filing had received an RFE from Officer XM2375 and was ultimately denied before the subsequent petition was approved.
The applicant held a STEM master’s degree and presented a developing scholarly profile consisting of 6 publications and 62 citations, with recent peer-reviewed work published in 2026. The filing included four 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 achieving a refiled NIW approval after a prior filing was denied following an RFE.
#3: NIW in Organic Chemistry
This NIW approval involved a Synthetic Chemist in industry, born in China and residing in the United States, who proposes to continue in the same role. Filed in Organic Chemistry, the petition received an RFE from Officer EX5177 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a focused scholarly record consisting of 5 publications and 83 citations, including peer-reviewed work published as recently as 2022. The filing proceeded without any supporting letters.
The case was adjudicated through the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters.
#4: NIW in Computer Science
This NIW approval involved a Ph.D. student, born in China and residing in the United States, who proposes to work as an Assistant Professor. Filed in Computer Science, the petition received an RFE from the Texas Service Center before approval was ultimately achieved.
The applicant held a STEM master’s degree and presented a developing scholarly profile consisting of 4 publications and 22 citations, including recent peer-reviewed work published in 2025. The filing proceeded without recommendation letters but two testimonial letters were included.
The adjudication involved procedural 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 the petition underwent multiple transfers between service centers during adjudication.
#5: NIW in Neurosurgery
This NIW approval involved a Resident, born in Japan and residing in the United States, who proposes to continue in the same role. Filed in Neurosurgery, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.
The applicant held an M.D. and presented a substantial scholarly profile consisting of 39 publications and 1,027 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without recommendation letters but included two testimonial letters.
The petition experienced procedural transfers from the Texas Service Center to the Nebraska Service Center and then back to the Texas Service Center with upfront premium processing.
Notable: This petition is notable for securing NIW approval after RFE review in a non-STEM field while navigating multiple service center transfers.
#6: NIW in Electronics Engineering
This NIW approval involved a Ph.D. candidate, born in Egypt and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Electronics Engineering, the petition received an RFE from Officer XM2055 before approval was ultimately secured.
The applicant held a STEM master’s degree and presented a credible scholarly profile consisting of 15 publications and 46 citations, including recent peer-reviewed work published in 2025. The filing included two recommendation letters and proceeded without testimonial letters.
The adjudication involved a transfer from the Nebraska Service Center to the Texas Service Center with a premium processing upgrade.
#7: NIW in Fluid Mechanics
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 Fluid Mechanics, the approval was secured through a refiled NIW petition after a prior NIW filing received an RFE from Officer XM2072 and was ultimately denied.
The applicant held a STEM master’s degree and presented a developing scholarly profile consisting of 3 publications and 29 citations, including peer-reviewed work published in 2025. The filing included six recommendation letters and proceeded without testimonial letters.
The case was adjudicated at the Service Center Operations Directorate (SCOPS) Texas Facility with a premium processing upgrade.
Notable: This approval is notable for securing NIW success after an initial NIW petition was denied following an RFE.
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.