9 I-140 Approvals After RFE on July 23, 2026
A Request for Evidence (RFE) represents one of the most demanding stages of adjudication in the employment-based immigration process. When USCIS issues an RFE, the petition enters a heightened level of review in which the adjudicating officer seeks additional clarification, stronger evidentiary support, or a more persuasive explanation connecting the applicant's accomplishments to the applicable immigration standard. Successfully navigating this stage requires a 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 5 EB-1A petitions and 4 NIW petitions. Several approvals involved complex petition histories, including refiled petitions following earlier adverse outcomes, while others underwent multiple service center transfers or proceeded with limited or no supporting letters. Together, these approvals demonstrate that favorable outcomes remain achievable when the evidentiary record remains coherent, responsive, and aligned with the applicable legal standard.
Cases With Inherent Challenges
Prior Adverse Petition History
Several approvals involved prior petition histories that added complexity to adjudication. In these cases, the approved petitions were required to establish eligibility through well-supported evidentiary records despite earlier adverse developments during the immigration process.
Multiple Service Center Transfers
Several petitions were transferred between the Nebraska Service Center and the Texas Service Center before final adjudication. Such procedural movement can introduce additional complexity because the evidentiary record must remain well organized, internally consistent, and persuasive throughout review by different adjudicators.
Limited or No Supporting Letters
One approval proceeded without either recommendation letters or testimonial letters. In that case, adjudication depended more heavily on objective evidence, including the applicant's publication record, citation impact, recent scholarly contributions, and documented professional accomplishments.
EB-1A Approvals After RFE (5)
#1: EB-1A in Machine Learning
This EB-1A approval involved a Research Scientist in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Machine Learning, the applicant had previously secured O-1A approval after an RFE from the California Service Center before obtaining approval of the EB-1A petition.
The applicant held a STEM bachelor’s degree and demonstrated an extensive scholarly record consisting of 10 publications and 746 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 6 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 securing EB-1A approval after the applicant had previously obtained O-1A approval following RFE review.
#2: EB-1A in Condensed Matter Theory
This EB-1A approval involved a Postdoctoral Associate, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Condensed Matter Theory, the petition received an RFE from Officer XM2254 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a strong scholarly record consisting of 14 publications and 421 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Texas Service Center with upfront premium processing.
#3: EB-1A in Chemistry
This EB-1A approval involved a Ph.D. student, born in Nigeria and residing in the United States, who proposes to become a Campus Graduate - Research & Development, Manufacturing & Engineering, and/or Information Systems (PhD). Filed in Chemistry, the petition received an RFE from Officer XM1671 before approval was ultimately secured.
The applicant held a STEM master's degree and demonstrated a substantial scholarly record consisting of 20 publications and 576 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
#4: EB-1A in Computational Materials Modeling
This EB-1A approval involved a Specialist, Artificial Intelligence (AI) / Machine Learning (ML) in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Computational Materials Modeling, the petition received an RFE from Officer XM2042 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 16 publications and 1,063 citations, with peer-reviewed work published as recently as 2025. 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 upfront premium processing.
Notable: This approval is notable for securing EB-1A approval after RFE review while undergoing multiple service center transfers.
#5: EB-1A in Computer Science
This EB-1A 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 initially filed an NIW petition, followed by an EB-1A petition. The NIW petition received an RFE and was ultimately approved, while the first EB-1A petition received an RFE from Officer XM2212 and was denied. The refiled EB-1A petition subsequently received an RFE from Officer XM2415 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 19 publications and 1,301 citations, with peer-reviewed work published as recently as 2025. 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 upfront premium processing.
Notable: This approval is notable for securing approval of the refiled EB-1A petition after an RFE review, despite multiple service center transfers. The applicant's first EB-1A petition had also received an RFE and was ultimately denied, following the successful approval of the applicant's NIW petition after RFE review.
NIW Approvals After RFE (4)
#6: NIW in Robotics
This NIW approval involved a Robotics Software Engineer in industry, born in Iran and residing in the United Kingdom, who proposes to remain in the same employment. Filed in Robotics, the petition received an RFE from Officer XM1787 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 5 publications and 33 citations, with peer-reviewed work published as recently as 2022. 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 912 days.
Notable: This approval is notable for securing NIW approval after RFE review while the applicant was residing outside the United States.
#7: 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 a Postdoctoral Associate. 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 4 publications and 58 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without any supporting letters.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters.
#8: NIW in Ophthalmology and Visual Sciences
This NIW approval involved a Research Scholar, born in Iran and residing in the United States, who proposes to remain in the same employment. Filed in Ophthalmology and Visual Sciences, the petition received an RFE from Officer XM1988 before approval was ultimately secured.
The applicant held an M.D. degree and demonstrated a scholarly record consisting of 8 publications and 29 citations, with peer-reviewed work published as recently as 2023. 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.
#9: NIW in Architectural Engineering
This NIW approval involved a Ph.D. candidate, born in China and residing in the United States, who proposes to work as a Research Engineer in industry. Filed in Architectural Engineering, the applicant secured approval through a refiled NIW petition after the first NIW petition received an RFE from Officer XM2594 and was denied.
The applicant held a STEM master's degree and demonstrated a strong scholarly record consisting of 12 publications and 131 citations, with peer-reviewed work published as recently as 2026. The filing was supported by 6 recommendation letters and proceeded without 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 through a refiled petition after an earlier NIW petition received an RFE and was denied.
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.