9 I-140 Approvals After RFE on August 14, 2026
A Request for Evidence (RFE) represents one of the more demanding stages of adjudication in the employment-based immigration process. Once USCIS issues an RFE, the petition undergoes additional scrutiny, and the adjudicating officer may seek further documentation or clarification 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 responsive to the issues raised during review.
The following success stories highlight 9 I-140 NIW approvals secured after RFE review. Several involved circumstances that added complexity to adjudication, including multiple service center transfers, petitions without recommendation or testimonial letters, an applicant residing outside the United States, a non-STEM field, and a related EB-1A petition that also underwent RFE review.
Cases With Inherent Challenges
No Recommendation or Testimonial Letters
Four petitions proceeded without recommendation or testimonial letters. In these cases, the evidentiary record relied on other objective indicators of the applicants’ qualifications and scholarly influence, including academic credentials, publication records, citation impact, and professional or research experience.
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.
Related Petition History
One applicant had a related EB-1A petition that received an RFE before being approved. 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.
NIW Approvals After RFE (9)
#1: NIW in Food Science
This NIW approval involved a Postdoctoral Fellow, born in Iran and residing in Canada, who proposes to work as a Researcher. Filed in Food 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 an extensive scholarly record consisting of 24 publications and 355 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 910 days.
Notable: This approval is notable for securing NIW approval after RFE review while the applicant was residing outside the United States.
#2: NIW in Computer Science
This NIW approval involved a PhD candidate (Research Assistant), born in Pakistan and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Computer Science, the petition received an RFE from the Texas Service Center before approval was ultimately secured.
The applicant held a STEM master's degree and had authored 3 publications that accumulated 21 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.
#3: NIW in Biomedical Devices
This NIW approval involved an R&D Engineer II in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Biomedical Devices, 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 5 publications and 28 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 after RFE review while undergoing multiple service center transfers.
#4: NIW in Chemical Biology
This NIW approval involved a PhD candidate (Teaching Assistant), born in Ethiopia and residing in the United States, who proposes to work as a Post-doctoral Researcher. Filed in Chemical Biology, the petition received an RFE from Officer XM5010 before approval was ultimately secured.
The applicant held a STEM master's degree and demonstrated a scholarly record of 5 publications and 23 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 2 recommendation letters with no testimonial letters.
The petition was adjudicated through the Texas Service Center with upfront premium processing.
#5: NIW in Nonlinear Spectroscopy
This NIW approval involved a Postdoctoral Scholar, born in Taiwan and residing in the United States, who proposes to remain in the same employment. Filed in Nonlinear Spectroscopy, the applicant initially filed an NIW petition, followed by an EB-1A petition. Both the NIW and EB-1A petitions received an RFE from the Texas Service Center before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a particularly substantial scholarly record consisting of 32 publications and 1,309 citations, with peer-reviewed work published as recently as 2026. 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 and multiple service center transfers while a related EB-1A petition had received an RFE.
#6: NIW in Materials Science and Engineering
This NIW approval involved a Research Associate Physics, born in Nepal 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 established a scholarly record consisting of 5 publications and 91 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 with a premium processing upgrade.
#7: NIW in Artificial Intelligence
This NIW approval involved a PhD Candidate (Research Assistant), born in the Republic of Korea and residing in the United States, who proposes to work as a Research Scientist in industry. Filed in Artificial Intelligence, the petition received an RFE from Officer XM1989 before approval was ultimately secured.
The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 5 publications and 108 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.
#8: NIW in Statistical Genomics
This NIW approval involved a Postdoctoral Associate, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Statistical Genomics, the petition received an RFE from Officer XM1973 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 5 publications and 39 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.
#9: NIW in Translation Studies
This NIW approval involved an Assistant Professor, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Translation Studies, the petition received an RFE from Officer XM2042 before approval was ultimately secured.
The applicant held a Ph.D. and demonstrated a substantial scholarly record consisting of 15 publications and 197 citations, with peer-reviewed work published as recently as 2024. The petition proceeded without any supporting letters.
The petition was adjudicated through the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field without recommendation or testimonial letters.
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.