7 I-140 Approvals After RFE on October 23, 2026
A Request for Evidence (RFE) represents one of the more demanding stages of adjudication in the employment-based immigration process. When USCIS issues an RFE, a petition undergoes additional scrutiny, and further evidence or clarification may be requested regarding the applicant’s qualifications and eligibility under the applicable immigration standard. Successfully navigating this stage requires an evidentiary record that remains organized, internally consistent, and directly responsive to the concerns raised during review.
The following success stories highlight 7 I-140 approvals after RFE review or adverse petition histories, consisting of 3 EB-1A approvals and 4 NIW approvals. Several cases presented circumstances that added complexity to adjudication, including a prior NIW denial and petition refiling, multiple service center transfers, a petition filed in a non-STEM field, an applicant without an advanced degree, and applicants with relatively modest scholarly records.
Cases With Inherent Challenges
Prior Petition Denial and Refiling
One NIW approval involved an applicant who secured approval through a refiled petition after the initial NIW petition received an RFE and was denied. Such circumstances highlight the complexity of cases involving adverse adjudication histories and demonstrate that a prior denial does not necessarily prevent approval through a new petition, provided that eligibility is established under the applicable immigration standard.
Multiple Service Center Transfers
Two petitions underwent multiple transfers between the Nebraska Service Center and the Texas Service Center during adjudication. Such procedural movement can add administrative complexity because the evidentiary record must remain clearly organized and internally consistent throughout review across different service center operations.
EB-1A Approvals After RFE (3)
#1: EB-1A in Immunology
This EB-1A approval involved a Graduate Thesis Research, born in China and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Immunology, the petition received an RFE from Officer XM2108 before approval was ultimately secured.
The applicant held a STEM bachelor's degree and demonstrated a substantial scholarly record consisting of 9 publications and 2,715 citations, with peer-reviewed work published as recently as 2022. The initial filing included 1 recommendation letter and 1 testimonial letter, while 1 additional recommendation letter and 3 testimonial letters were submitted as part of the RFE response.
The petition was adjudicated through the Texas Service Center with upfront premium processing.
#2: EB-1A in Regenerative Medicine - Tissue Engineering
This EB-1A approval involved a Postdoctoral Researcher in industry, born in Turkey and residing in the United States, who proposes to remain in the same employment. Filed in Regenerative Medicine - Tissue Engineering, the petition received an RFE from Officer XM1884 before approval was ultimately secured.
The applicant held a Ph.D. and demonstrated a substantial scholarly record consisting of 21 publications and 814 citations, with peer-reviewed work published as recently as 2022. The initial filing included 1 recommendation letter and 1 testimonial letter, while 3 additional testimonial letters were submitted with the RFE response.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
Notable: This approval is notable for securing EB-1A approval after RFE review in a non-STEM field.
#3: EB-1A in Artificial Intelligence
This EB-1A approval involved a Research Scientist I in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Artificial Intelligence, the petition received an RFE from Officer XM2042 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 23 publications and 513 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and no testimonial letters, while 1 additional recommendation letter was submitted as part of the RFE response.
The petition underwent 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)
#4: NIW in Green Energy
This NIW approval involved a Ph.D. Student, born in China and residing in the United States, who proposes to work as a Researcher in industry. Filed in Green Energy, the petition received an RFE from Officer XM1771 before approval was ultimately secured.
The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 25 publications and 321 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 3 additional recommendation letters were submitted with the RFE response.
The petition was transferred from the Nebraska Service Center to the Texas Service Center with a premium processing upgrade.
#5: NIW in Materials Science
This NIW approval involved a Staff Engineer - Metals Implant DRAM in industry, born in Qatar 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 XM1910 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 25 publications and 1,584 citations, with peer-reviewed work published as recently as 2026. The filing included 1 recommendation letter and 3 testimonial letters.
The petition underwent 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 Computer Science
This NIW approval involved a Member of Technical Staff in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Computer Science, the applicant secured approval through a refiled petition after the first NIW received an RFE from Officer XM2429 and was denied.
The applicant did not hold an advanced degree and claimed eligibility through the exceptional ability pathway. At filing, the applicant demonstrated a scholarly record consisting of 3 publications and 43 citations, with peer-reviewed work published as recently as 2023. The filing included 5 recommendation letters and no testimonial letters.
The petition was adjudicated through the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval under the exceptional ability pathway through a refiled petition following an RFE and denial of the initial NIW petition.
#7: NIW in Materials Science
This NIW approval involved a Graduate Student Researcher, born in Taiwan and residing in the United States, who proposes to work as a Research Scientist. Filed in Materials Science, the petition received an RFE from Officer XM0460 before approval was ultimately secured.
The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 3 publications and 29 citations, with peer-reviewed work published as recently as 2023. The initial filing proceeded without any supporting letters, while 3 recommendation letters were submitted as part of the RFE response.
The petition was transferred from the Nebraska Service Center to the Texas Service Center with a premium processing upgrade.
The key to our success is the way in which we present supporting evidence and provide the highest quality petition letters. With over 69,000 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.