3 I-140 Approvals After RFE on March 17, 2026
2026-03-18, BY wegreened
A Request for Evidence, or RFE, is not a final adjudication outcome. In many I-140 filings, it reflects the adjudicating officer’s need for clearer evidentiary linkage, tighter legal framing, or a more direct explanation of how the petition satisfies the governing standard. Even cases that ultimately succeed may face additional scrutiny when the procedural history includes service center transfers, different premium processing strategies, or credential profiles that are not especially large on paper.
The following three success stories highlight I-140 approvals secured after RFE scrutiny. These success stories include one EB-1A approval and two NIW approvals. Together, they show that approval after an RFE depends not only on the applicant’s background, but also on whether the filing remains coherent, well supported, and durable enough to withstand closer review.
Cases With Inherent Challenges
Repeated Service Center Transfers During Review
All three approvals followed a more complicated adjudicative path than a single-center review. The EB-1A case moved from the Texas Service Center to the Nebraska Service Center and back again, while the two NIW approvals bounced from the Nebraska Service Center to the Texas Service Center and back. Procedural movement of this kind can make consistency especially important, because the same filing must remain persuasive as review shifts across locations.
Modest Research Profiles Under Continued Scrutiny
These approvals also reflect meaningful variation in the scholarly record. One applicant presented 21 publications and 1,017 citations, while another secured NIW approval with only 1 publication and 42 citations. This contrast underscores a recurring feature of post-RFE adjudication, namely that officers do not assess numbers alone, but whether the overall evidentiary picture remains persuasive under the applicable standard.
Mixed Premium Processing Paths
Procedural strategies also differed across these matters. Two cases advanced via a premium processing upgrade, while one proceeded with upfront premium processing. This variation proves there is no single route to approval after an RFE, even when petitions share transfer activity and continued officer scrutiny.
EB-1A Approvals After RFE (1)
#1: EB-1A in Crop Genetics
This EB-1A approval involved a Chinese-born applicant residing in the United States, working as a Postdoctoral Associate and proposing to remain in the same role. The petition in Crop Genetics received an RFE before ultimately reaching approval.
The applicant held a Ph.D. in a STEM field and presented a substantial research record that included 21 publications, 1,017 citations, and a latest peer-reviewed publication from 2024, together with four recommendation letters.
The case proceeded with a premium processing upgrade and moved through multiple transfers, from the Texas Service Center to the Nebraska Service Center and then back to the Texas Service Center.
Notable: This case stands out for combining a strong citation record with multiple service center transfers before approval.
NIW Approvals After RFE (2)
#2: NIW in Computational Material Science
This NIW approval involved an applicant from India residing in the United States, working as an R&D Engineering Staff Engineer in industry and proposing to remain in the same role. The petition in Computational Material Science received an RFE from Officer XM2481 before ultimately being approved.
The applicant held a STEM Ph.D. and presented 4 publications, 60 citations, and a latest peer-reviewed publication from 2024. The filing was also supported by two recommendation letters and two testimonial letters.
This petition proceeded with upfront premium processing, and the procedural path was not straightforward. The case moved from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center.
Notable: This approval involved multiple service center transfers.
#3: NIW in Communication and Network Engineering
A Bangladeshi Ph.D. candidate residing in the United States, this applicant proposes to work as a Senior Engineer in industry. The NIW petition in Communication and Network Engineering received an RFE from Officer XM2560 before reaching approval.
The applicant held a master’s degree in a STEM field and presented a comparatively modest research profile that included 1 publication, 42 citations, and a latest peer-reviewed publication from 2023, supported by two recommendation letters.
The case utilized a premium processing upgrade and also experienced a complex adjudicative path, moving from the Nebraska Service Center to the Texas Service Center and then back again to the Nebraska Service Center.
Notable: This NIW was approved after an RFE despite a very small publication record and 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.