8 I-140 Approvals After RFE on May 14, 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 adjudication process. In I-140 contexts, 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 eight I-140 approvals achieved after RFE review, including four EB-1A approvals, one EB-1B approval, and three NIW approvals. These cases reflect varied evidentiary profiles, prior adverse adjudication history, procedural transfers between service centers, and prolonged adjudication timelines, demonstrating that approval remains achievable even after intensified review and procedural complications.
Cases With Inherent Challenges
Prior RFE, NOID, or Denial History
Some approvals involved prior adjudication complications, including earlier filings that received an RFE, a Notice of Intent to Deny (NOID), or a denial before a later petition was ultimately approved. Prior adverse or heightened review history adds complexity because the subsequent filing must address earlier concerns while presenting a stronger, clearer, and more internally consistent evidentiary record.
Procedural Transfers Between Service Centers
One petition experienced procedural movement between the Nebraska Service Center and the Texas Service Center before approval was secured. Transfers between service centers increase adjudicative complexity because the petition must maintain consistency across changing reviewing environments and officer perspectives throughout the adjudication process.
Varied Evidentiary Profiles
The approvals reflected a broad range of evidentiary profiles, including applicants with modest publication and citation records alongside others with substantially stronger scholarly metrics. Some petitions also proceeded with very limited supporting documentation, requiring greater reliance on the applicants’ objective academic and professional records during adjudication.
EB-1A Approvals After RFE (4)
#1: EB-1A in Statistical Machine Learning
This EB-1A approval involved a Staff Research Scientist in industry, born in China and residing in the United States, who proposes to continue in the same role. Filed in Statistical Machine Learning, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a developing but credible scholarly profile consisting of 6 publications and 186 citations, including recent peer-reviewed work published in 2025. The filing was supported by six recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Nebraska Service Center with upfront premium processing.
#2: EB-1A in Biomedical Sciences
This EB-1A approval involved an Assistant Professor, born in South Korea and residing in the United States, who proposes to continue in the same role. Filed in Biomedical Sciences, the petition received an RFE from Officer XM1706 before approval was ultimately achieved.
The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 16 publications and 254 citations, with peer-reviewed work published as recently as 2022. The filing included six recommendation letters and proceeded without testimonial letters.
The case was adjudicated through the Texas Service Center with a premium processing upgrade.
#3: EB-1A in Materials Science
This EB-1A approval involved a Substrate Engineer in industry, born in China and residing in the United States, who proposes to continue in the same role. Filed in Materials Science, the petition received an RFE from Officer XM1884 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a strong scholarly record consisting of 31 publications and 386 citations, including recent peer-reviewed work published in 2025. The petition was supported by six recommendation letters and proceeded without testimonial letters.
The case proceeded through the Nebraska Service Center with upfront premium processing.
#4: EB-1A in Health Economics
This EB-1A approval involved a Health Economist, born in China and residing in the United States, who proposes to continue in the same role. Filed in Health Economics, the petition represented a refiled EB-1A case that was approved after a prior filing had received an RFE from Officer XM2265, followed by a Notice of Intent to Deny (NOID) from Officer XM2084, and was then denied.
The applicant held a STEM Ph.D. and presented a substantial scholarly profile consisting of 21 publications and 790 citations, including peer-reviewed work published in 2025. The filing included five recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Texas Service Center with upfront premium processing.
Notable: This approval is notable for securing EB-1A approval after a prior filing was denied following both an RFE and a NOID.
EB-1B Approval After RFE (1)
#5: EB-1B in Organometallic Chemistry
This EB-1B approval involved an Associate Principal Scientist in industry, born in India and residing in the United States, who proposes to continue in the same role. Filed in Organometallic Chemistry, the approval followed a prior O-1A petition that had received an RFE from the Vermont Service Center and was ultimately denied.
The applicant held a STEM Ph.D. and presented a scholarly record consisting of 12 publications and 120 citations, with recent peer-reviewed work published in 2025. The filing was supported by four recommendation letters and proceeded without testimonial letters.
The petition proceeded through the Texas Service Center with upfront premium processing.
Notable: This approval is notable for achieving EB-1B approval after a prior O-1A petition received an RFE and was denied.
NIW Approvals After RFE (3)
#6: NIW in Computer Engineering
This NIW approval involved a Ph.D. student, born in China and residing in the United States, who proposes to work as a Design Automation Research Scientist. Filed in Computer Engineering, the petition received an RFE from Officer EX5110 before approval was ultimately secured.
The applicant held a STEM master’s degree and presented a developing scholarly profile consisting of 13 publications and 114 citations, including recent peer-reviewed work published in 2025. The filing included two recommendation letters and no testimonial letters.
The adjudication involved a procedural transfer from the Nebraska Service Center to the Texas Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review while the petition was transferred between service centers during adjudication.
#7: NIW in Advanced Manufacturing Research
This NIW approval involved a Scientist, born in Pakistan and currently residing in China, who proposes to continue in the same role. Filed in Advanced Manufacturing Research, the petition received an RFE from Service Center Operations before approval was ultimately achieved.
The applicant held a STEM Ph.D. and presented a substantial scholarly record consisting of 30 publications and 991 citations, with peer-reviewed work published as recently as 2022. The filing included two recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Texas Service Center without premium processing and remained pending for 1,051 days before approval was secured.
Notable: The applicant was residing outside the United States at the time of filing.
#8: NIW in Computer Engineering
This NIW approval involved a Senior Research and Development Engineer in industry, born in Turkey and residing in the United States, who proposes to continue in the same role. Filed in Computer Engineering, the petition received an RFE from Officer XM1986 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a focused scholarly profile consisting of 10 publications and 56 citations, including recent peer-reviewed work published in 2024. The petition was supported by four recommendation letters and proceeded without testimonial letters.
The case was adjudicated through 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 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.