Success Stories After RFE: 2 I-140 Approvals on April 22, 2026
A Request for Evidence, or RFE, is not a final adjudication outcome. In the I-140 context, it reflects the adjudicating officer’s need for a clearer articulation of eligibility, a stronger evidentiary connection between the applicant’s record and the governing legal standard, or a more persuasive explanation of the applicant’s proposed work. When a case proceeds beyond the RFE stage, the petition is reviewed under closer scrutiny, requiring a coherent, well-supported, and internally consistent presentation to meet the heightened standard.
The following two success stories highlight NIW approvals secured after RFE review and more complex procedural paths. These cases illustrate how variations in evidentiary support, adjudication timelines, and procedural movement can shape the level of difficulty in achieving approval.
Cases With Inherent Challenges
Multiple Service Center Transfers
One approval involved multiple transfers between the Nebraska Service Center and the Texas Service Center. Such movement increases adjudicative complexity because the petition must remain consistent and persuasive across different reviewing environments, each applying its own evaluative lens.Prolonged Adjudication Timeline
One case proceeded without premium processing and extended to 877 days before approval. Prolonged adjudication periods introduce additional challenges, as the petition must remain compelling over time despite potential shifts in the applicant’s professional record or field developments.Variation in Evidentiary Support
The cases reflect differences in supporting documentation, with one petition proceeding without any recommendation or testimonial letters, while another included multiple recommendation letters. This variation demonstrates that approval after RFE review can still be achieved through different evidentiary strategies when the overall petition remains strong and coherent.NIW Approvals After RFE (2)
#1: NIW in Oncology
This NIW approval involved a Translational Medicinal Study Specialist born in China and residing in the United States, who proposes to continue in the same role. Filed in Oncology, the petition received an RFE from Officer XM2623 before approval was ultimately secured.The applicant held a STEM Ph.D. and presented a focused scholarly record consisting of 6 publications and 136 citations, with the most recent peer-reviewed work published in 2023. The petition proceeded without any supporting letters.
The case followed a procedurally complex path, transferring between the Nebraska Service Center and the Texas Service Center before returning to the Nebraska Service Center, with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review despite multiple service center transfers and without any recommendation or testimonial letters.
#2: NIW in Organic Chemistry
This case involved a Researcher born and residing in Russia, who proposes to continue in the same role. Filed in Organic Chemistry, the petition received an RFE from the Texas Service Center before approval was secured.The applicant held a STEM Ph.D. and presented a developed scholarly profile consisting of 12 publications and 88 citations, with the most recent peer-reviewed work published in 2023. The filing was supported by four recommendation letters and no testimonial letters.
This petition proceeded through non-premium processing, extending to 877 days, and the case was adjudicated at the Texas Service Center.
Notable: This approval is notable for achieving NIW approval after RFE review through a prolonged non-premium adjudication process exceeding 800 days while the applicant was residing outside the United States at the time of filing.