Success Stories After RFE: 2 I-140 Approvals on April 9, 2026

A Request for Evidence, or RFE, is not a final adjudication outcome. In the I-140 context, it often reflects the adjudicating officer’s need for a clearer explanation of eligibility, a stronger evidentiary connection between the applicant’s record and the governing legal standard, or a more persuasive account of the applicant’s proposed work and future role. Even when approval is ultimately secured, an RFE usually marks a more demanding stage of review in which the petition must remain coherent and persuasive under closer scrutiny.

The following success stories highlight two NIW approvals secured after RFE review. Taken together, these matters reflect different forms of adjudicative complexity, including one case that moved between service centers before returning to its original service center. They also show variation in scholarly profile and proposed work that remained aligned with each applicant’s current professional role.


Cases With Inherent Challenges

Cross-Service-Center Adjudication

One of the approved NIW matters did not remain on a single adjudicative track. It moved from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center before approval. That kind of procedural movement can add complexity because the petition must remain internally consistent and persuasive across multiple stages of review.

Different Premium Processing Paths

These approved matters also followed different premium processing paths rather than a single procedural pattern. One petition proceeded with upfront premium processing, while the other moved forward through a premium processing upgrade. That distinction is notable because it reflects different adjudicative timelines and filing strategies, while both petitions still ultimately secured approval after heightened review.

Varied Scholarly Records Under RFE Review

These approvals also reflect different kinds of scholarly presentations. One applicant presented 8 publications and 194 citations, with recent peer-reviewed work dating to 2025, while the other moved forward with 9 publications and 46 citations, with the latest peer-reviewed publication dating to 2023. That variation is important because it shows that post-RFE approval did not turn on a single publication or citation pattern.


NIW Approvals After RFE (2)

#1: NIW in Neuroscience

This NIW approval involved a Researcher Professional 5 - Biomedical Engineering born in France and residing in the United States, who proposes to continue in the same role. Filed in Neuroscience, the petition received an RFE from Officer XM2623 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a developed scholarly record that included 8 publications and 194 citations, with the latest peer-reviewed publication dating to 2025. The filing was supported by one recommendation letter and no testimonial letters.

The matter utilized an upfront premium processing and followed a complex adjudicative route, moving from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center.

Notable: This approval is notable for securing NIW approval after RFE review with multiple service center transfers.


#2: NIW in Organic Photochemistry

This NIW approval involved a Teaching Faculty I born in India and residing in the United States, who proposes to remain in the same role. Filed in Organic Photochemistry, the petition received an RFE from Officer XM1988 before securing approval.

The applicant held a STEM Ph.D. and presented a scholarly record consisting of 9 publications and 46 citations, with the latest peer-reviewed publication dating to 2023. The case proceeded without recommendation letters but included two testimonial letters.

The matter remained at the Texas Service Center and was utilized with a premium processing upgrade.