9 I-140 Approvals After RFE on September 18, 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 9 I-140 approvals involving RFE review or related adverse petition histories, including 2 EB-1A petitions and 7 NIW petitions. Several cases presented circumstances that added complexity to adjudication, including a related EB-1A denial after RFE review, multiple service center transfers, an applicant residing outside the United States, a non-STEM case, and petitions involving applicants without advanced degrees.
Cases With Inherent Challenges
Related EB-1A Denial After RFE Review
One NIW approval involved an applicant whose related EB-1A petition received an RFE and was denied. The NIW petition also underwent its own RFE review before ultimately reaching approval. Such a history can add complexity because the NIW petition must independently establish eligibility while maintaining a clear and consistent evidentiary record despite the adverse outcome of the related petition.
Multiple Service Center Transfers
Several petitions underwent 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.
Applicant Residing Outside the United States
One petition involved an applicant who was born and residing in South Korea when the case was filed. The petition ultimately secured approval after RFE review, showing that residing outside the United States did not prevent the petition from being approved.
EB-1A Approvals After RFE (2)
#1: EB-1A in Computer Vision
This EB-1A approval involved a Ph.D. student, born in China and residing in the United States, who proposes to work as a Research Scientist/Engineer - Special Projects. Filed in Computer Vision, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.
The applicant had no advanced degree and demonstrated a substantial scholarly record consisting of 10 publications and 526 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and no testimonial letters, while 3 additional recommendation letters were submitted as part of the RFE response.
The petition was adjudicated through the Nebraska Service Center with a premium processing upgrade.
#2: EB-1A in Physics of Precision Measurement
This EB-1A approval involved an Electron Optics Architect 3 in industry, born in China and residing in the United States, who proposes to remain in the same role. Filed in Physics of Precision Measurement, the petition received an RFE from Officer XM2254 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 8 publications and 1,686 citations, with peer-reviewed work published as recently as 2026. The initial filing included 4 recommendation letters and no testimonial letters, while the RFE response included 1 additional recommendation letter and 2 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 a premium processing upgrade.
Notable: This approval is notable for securing EB-1A approval after RFE review while undergoing multiple service center transfers.
NIW Approvals After RFE (7)
#3: NIW in Computer Science
This NIW approval involved a Research Scholar, 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 demonstrated a scholarly record consisting of 3 publications and 74 citations, with peer-reviewed work published as recently as 2025. The petition 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.
#4: NIW in Artificial Intelligence
This NIW approval involved a Ph.D. candidate (Research Assistant), born in Pakistan 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 XM1747 before approval was ultimately secured.
The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 6 publications and 37 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 with 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 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 Electrical and Computer Engineering
This NIW approval involved a Research Assistant, born in Russia and residing in the United States, who proposes to work as a Research Scientist in industry. Filed in Electrical and Computer Engineering, the petition received an RFE from Officer XM2366 before approval was ultimately secured.
The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 6 publications and 83 citations, with peer-reviewed work published as recently as 2023. The initial filing included 2 recommendation letters and no testimonial letters, while the RFE response included 5 additional recommendation letters and 2 testimonial letters.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
#6: NIW in Physics
This NIW approval involved a Research Assistant, born in Uganda and residing in the United States, who proposes to remain in the same employment. Filed in Physics, the petition received an RFE from Officer XM1951 before approval was ultimately secured.
The applicant held a Ph.D. and demonstrated a scholarly record consisting of 3 publications and 33 citations, with peer-reviewed work published as recently as 2025. The initial filing included 1 recommendation letter and 1 testimonial letter, while the RFE response included 1 additional recommendation letter and 1 additional testimonial letter.
The petition was transferred 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 in a non-STEM field.
#7: NIW in Machine Learning
This NIW approval involved a Research Scientist in industry, born in India and residing in the United States, who proposes to remain in the same role. Filed in Machine Learning, the applicant initially filed an NIW petition, followed by an EB-1A petition. The EB-1A petition received an RFE from Officer XM1365 and was denied, while the NIW petition received an RFE from Officer XM2294 before approval was ultimately granted.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 1 publication and 351 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and no testimonial letters, while the RFE response included 2 additional recommendation letters and 2 testimonial letters.
The NIW 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 despite a related EB-1A petition receiving an RFE and being denied.
#8: NIW in Computer Science
This NIW approval involved a Ph.D. student (Graduate Research Assistant), born and residing in South Korea, who proposes to work as a Research Scientist in industry. Filed in Computer Science, the petition received an RFE from Officer XM2260 before approval was ultimately secured.
The applicant had no advanced degree and qualified through the exceptional ability pathway, demonstrating a scholarly record consisting of 8 publications and 208 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 as part of the RFE response.
The petition was transferred from the Texas Service Center to the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review through the exceptional ability pathway while the applicant was residing outside the United States.
#9: NIW in Computer Science
This NIW approval involved a Senior Member of Technical Staff in industry, born in Bangladesh and residing in the United States, who proposes to remain in the same role. Filed in Computer Science, the petition received an RFE from Officer XM1910 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 5 publications and 55 citations, with peer-reviewed work published as recently as 2023. The initial filing included 4 recommendation letters and no testimonial letters, while 1 additional recommendation letter was submitted with 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 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.