9 I-140 Approvals After RFE on September 22, 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 NIW I-140 approvals involving RFE review or a related adverse petition history. Several cases presented circumstances that added complexity to adjudication, including a prior NIW denial followed by refiling, multiple service center transfers, a non-STEM case, petitions that initially proceeded with limited or no supporting letters, and a petition adjudicated without premium processing.
Cases With Inherent Challenges
Prior Denial Followed by Refiling
One applicant secured NIW approval through a refiled petition after an earlier NIW petition underwent RFE review and was denied. Such a history can add complexity because the refiled petition must independently establish eligibility under the applicable NIW standard despite the adverse outcome of the earlier 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.
NIW Approvals After RFE (9)
#1: NIW in Petroleum Engineering
This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in South Korea and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Petroleum Engineering, the petition received an RFE from Officer XM1960 before approval was ultimately secured.
The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 3 publications and 51 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 4 recommendation letters were submitted as part of the RFE response.
The petition was adjudicated through the Texas Service Center with upfront premium processing.
#2: NIW in Medicine
This NIW approval involved a Clinical Fellow, born in Jordan and residing in the United States, who proposes to remain in the same employment. Filed in Medicine, the petition received an RFE from Officer XM2420 before approval was ultimately secured.
The applicant held an M.D. degree and demonstrated an extensive scholarly record consisting of 24 publications and 2,967 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 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 in a non-STEM field while undergoing multiple service center transfers.
#3: NIW in Computational Biophysics and Bioinformatics
This NIW approval involved a Ph.D. student (Graduate Research Assistant / Teaching Assistant), born in Nepal and residing in the United States, who proposes to work as a Research Scientist. Filed in Computational Biophysics and Bioinformatics, the petition received an RFE from Officer XM2294 before approval was ultimately secured.
The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 4 publications and 25 citations, with peer-reviewed work published as recently as 2025. The initial filing included 1 recommendation letter and 1 testimonial letter, while 4 additional recommendation letters were submitted as part of the RFE response.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
#4: NIW in Applied Machine Learning
This NIW approval involved a Ph.D. student, born in China and residing in the United States, who proposes to work as a Research Scientist. Filed in Applied Machine Learning, 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 7 publications and 39 citations, with peer-reviewed work published as recently as 2026. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 3 recommendation letters were 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 Econometric Modeling
This NIW approval involved a Vice President of the Risk Methodology Group in industry, born in Greece and residing in the United States, who proposes to remain in the same employment. Filed in Econometric Modeling, the petition received an RFE from Officer XM2594 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 3 publications and 235 citations, with peer-reviewed work published as recently as 2024. The petition included 1 recommendation letter and 1 testimonial letter.
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.
#6: NIW in Immunology
This NIW approval involved a Postdoctoral Fellow, born in Burma and residing in the United States, who proposes to remain in the same employment. Filed in Immunology, the petition received an RFE from Officer XM0103 before approval was ultimately secured.
The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 4 publications and 260 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting letters, while 4 recommendation letters and 1 testimonial letter were submitted as part of the RFE response.
The petition was adjudicated through the Texas Service Center without premium processing and was approved in 791 days.
#7: NIW in Aerospace Engineering
This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in Nepal and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Aerospace Engineering, the petition received an RFE from Officer XM1926 before approval was ultimately secured.
The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 8 publications and 38 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting letters, while 3 recommendation letters and 1 testimonial letter were submitted with the RFE response.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
#8: NIW in Computer Science
This NIW approval involved a Ph.D. student (Graduate Research/Teaching Assistant), born in Pakistan and residing in the United States, who proposes to work as an Assistant Professor. Filed in Computer Science, the applicant secured approval through a refiled petition after the applicant’s first NIW petition received an RFE from Officer XM1963 and was denied.
The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 14 publications and 182 citations, with peer-reviewed work published as recently as 2026. The refiled petition included 4 recommendation letters and proceeded without testimonial letters.
The refiled petition was adjudicated through the Texas Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval through a refiled petition after the applicant’s first NIW petition received an RFE and was denied.
#9: NIW in Plant Biotechnology
This NIW approval involved a Ph.D. student (Research Associate), born in Pakistan and residing in the United States, who proposes to work as a Research Scientist. Filed in Plant Biotechnology, the petition received an RFE from Officer XM1951 before approval was ultimately secured.
The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 6 publications and 20 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 as part of 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.