1 I-140 Approval After RFE on March 19, 2026
2026-03-20, BY wegreened
A Request for Evidence, or RFE, is not a final adjudication outcome. In I-140 filings, it often reflects the adjudicating officer’s request for clearer evidentiary support, tighter legal framing, or a more direct explanation of how the petition satisfies the governing standard.
The following success story highlights one NIW approval secured after an RFE. The case shows a familiar post-RFE dynamic: approval depends not only on the applicant’s qualifications, but also on whether the filing remains coherent, well supported, and durable enough to answer the concerns raised during adjudication.
Cases With Inherent Challenges
Review After an RFE
This petition did not proceed directly to approval. It first received an RFE, which meant the filing had to remain persuasive after the adjudicating officer requested additional evidence rather than approving on the initial submission. That procedural posture is significant because the case ultimately succeeded only after a further round of review.
Upfront Premium Processing Did Not Eliminate Additional Scrutiny
The case was handled at the Texas Service Center with upfront premium processing, yet it still received an RFE before approval. That combination shows that premium processing did not eliminate added scrutiny in this matter, and the petition still had to withstand a more demanding adjudicative path before reaching a favorable result.
No Recommendation or Testimonial Letter Support
The evidentiary mix was also notable because the filing included no recommendation letters and no testimonial letters. As a result, the record was anchored more visibly in the applicant’s Ph.D. credential, STEM background, publication history, citation profile, and continuing role.
NIW Approvals After RFE (1)
#1: NIW in Biomedical Engineering
This NIW approval involved a Scientist born in India and residing in the United States, who proposed to remain in the same role. The petition received an RFE from Officer XM1685 before being approved.
The applicant held a Ph.D. in a STEM field and presented 15 publications, 153 citations, and a latest peer-reviewed publication from 2023.
Adjudicated at the Texas Service Center with upfront premium processing, the case also moved forward without recommendation letters or testimonial letters.
Notable: This approval is notable for securing NIW approval after an RFE without supporting letters.
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.