9 I-140 Approvals After RFE on August 13, 2026

A Request for Evidence (RFE) represents one of the most demanding stages of adjudication in the employment-based immigration process. Once USCIS issues an RFE, the petition enters a heightened level of review in which the adjudicating officer may request additional documentation, clarification of the applicant’s qualifications, or a more persuasive explanation connecting the submitted evidence to 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 adjudication.

The following success stories highlight 9 I-140 approvals secured after RFE review. These approvals include 1 EB-1A petition and 8 NIW petitions. Several cases involved circumstances that added complexity to adjudication, including related petition history, multiple service center transfers, and petitions with limited or no supporting letters. 


Cases With Inherent Challenges

Related Petition History

One EB-1A approval involved a related NIW petition that had received an RFE from the Texas Service Center. Related petition histories can add complexity because each filing must establish eligibility under its applicable legal standard while maintaining a clear and consistent evidentiary record. 

Multiple Service Center Transfers

Several petitions underwent multiple service center transfers before final adjudication, moving between the Nebraska Service Center and Texas Service Center. Such procedural movement can add complexity because the petitions must remain logically structured, internally consistent, and persuasive throughout review by different service center operations.

Limited or No Supporting Letters

Two petitions proceeded without recommendation or testimonial letters, while several other cases relied on a limited number of supporting letters. In these circumstances, adjudication depended more heavily on objective evidence such as academic credentials, publication records, citation impact, professional experience, and documentation demonstrating the significance of the applicants’ work.


EB-1A Approval After RFE (1)

#1: EB-1A in Artificial Intelligence for Software Systems

This EB-1A approval involved an Artificial Intelligence (AI) Research Scientist in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Artificial Intelligence for Software Systems, the applicant initially filed an NIW petition, followed by an EB-1A petition. The EB-1A has been approved, while the NIW received an RFE from the Texas Service Center.

The applicant held a STEM master's degree and demonstrated a substantial scholarly record consisting of 11 publications and 3,348 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Nebraska Service Center with upfront premium processing.

Notable: This approval is notable for securing EB-1A approval while a related NIW petition had received an RFE.


NIW Approvals After RFE (8)

#2: NIW in Materials Science and Engineering

This NIW approval involved a Scientist I, born in Pakistan and residing in the United States, who proposes to remain in the same employment. Filed in Materials Science and Engineering, the petition received an RFE from Officer XM2420 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 20 publications and 128 citations, with peer-reviewed work published as recently as 2021. The petition 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 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.


#3: NIW in Biomedical Science

This NIW approval involved a Postdoctoral Fellow, born in Nepal and residing in the United States, who proposes to remain in the same employment. Filed in Biomedical Science, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 11 publications and 455 citations, with peer-reviewed work published as recently as 2024. The petition 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 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.


#4: NIW in Environmental Engineering

This NIW approval involved a Senior Engineer I in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Environmental Engineering, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 2 publications and 146 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 4 recommendation letters and 1 testimonial letter.

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 while undergoing multiple service center transfers.


#5: NIW in Molecular Biology

This NIW approval involved a Postdoctoral Associate, born in Egypt and residing in the United States, who proposes to remain in the same employment. Filed in Molecular Biology, the petition received an RFE from Officer XM1759 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 6 publications and 208 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Texas Service Center without premium processing and was approved in 754 days.


#6: NIW in Hydrology and Water Resources

This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in Pakistan and residing in the United States, who proposes to work as a Postdoctoral Research Associate. Filed in Hydrology and Water Resources, 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 a scholarly record consisting of 4 publications and 15 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without recommendation letters and was supported by 2 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 after RFE review while undergoing multiple service center transfers.


#7: NIW in Immunology

This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in Nigeria and residing in the United States, who proposes to work as a Postdoctoral Fellow. Filed in Immunology, the petition received an RFE from Officer XM2420 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 8 publications and 49 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 1 recommendation letter and 3 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 upfront premium processing.

Notable: This approval is notable for securing NIW approval after RFE review while undergoing multiple service center transfers.


#8: NIW in Materials Science and Engineering

This NIW approval involved a Product Development Engineer in industry, born in Brazil and residing in the United States, who proposes to remain in the same employment. Filed in Materials Science and Engineering, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 10 publications and 88 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 4 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 after RFE review while undergoing multiple service center transfers.


#9: NIW in Computer Science

This NIW approval involved a Scientific Engineering Associate, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Computer Science, the petition received an RFE from Officer XM2191 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 5 publications and 27 citations, with peer-reviewed work published as recently as 2025. 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 after RFE review 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.