3 I-140 Approvals After RFE on March 27, 2026

2026-03-30, BY wegreened

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 phase of review in which the petition must remain coherent and persuasive under closer scrutiny.

The following three success stories highlight NIW approvals secured after RFE-related complications. Taken together, they reflect several forms of adjudicative complexity, including approval after denial and appeal, repeated service center transfers during review, and approval in a case where the applicant had also encountered RFE scrutiny in a separate EB-1A filing. These approvals also reflect varied credential profiles, including both STEM and non-STEM backgrounds, as well as different premium processing strategies.

Cases With Inherent Challenges

Approval After Denial and Appeal

One of the most procedurally distinctive matters in this group involved an NIW petition that first received an RFE, was denied, and was later approved after appeal. That sequence made the eventual approval especially notable because the applicant’s qualifications and proposed work ultimately had to support a successful outcome after the case had already moved through an adverse adjudicative stage.

Repeated Service Center Transfers

Some of these approvals did not remain within a single adjudicative track. Two of the NIW cases 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 as it progresses through multiple stages of review.

RFE Scrutiny Across More Than One Petition

One matter in this group stands out because the applicant’s NIW petition received an RFE from one officer, while a separate EB-1A filing also received an RFE from another officer. That kind of parallel scrutiny across different petition strategies can make the eventual NIW approval more notable, since the applicant’s record was being tested through more than one adjudicative lens.

Uneven Credential Profiles Across Successful Cases

The approved petitions also reflect a range of academic and publication profiles. One applicant held a non-STEM Ph.D. and presented a modest publication record, while others brought stronger citation counts and STEM credentials, including one case with a master’s degree rather than a doctorate. That variation is significant because it shows that, even after an RFE, adjudication continued to turn on the overall coherence of the filing rather than on any single credential pattern.

Different Premium Processing Paths

These approvals also followed different procedural routes in premium processing. One case moved forward with upfront premium processing, while the other two proceeded through premium processing upgrades. That variation shows there was no single procedural path to success, even within a small group of post-RFE approvals.

NIW Approvals After RFE (3)

#1: NIW in Finance

This NIW approval involved a Chinese-born Assistant Professor residing in China, who proposes to remain in the same role. Filed in Finance, the petition first received an RFE from Officer XM1963, was denied, and ultimately secured approval after appeal.

The applicant held a Ph.D. in a non-STEM field and presented a relatively compact scholarly profile that included 4 publications and 14 citations, with the latest peer-reviewed publication dating to 2023. The filing was supported by four recommendation letters and no testimonial letters.

The case proceeded at the Texas Service Center with upfront premium processing.

Notable: This approval is notable for securing NIW approval while the applicant is residing outside the United States, and only after the petition had already received an RFE, been denied, and moved through the appellate process.

#2: NIW in Artificial Intelligence

Working as an AI/ML Computational Science Manager in industry, this Chinese-born applicant residing in the United States proposes to remain in the same role. Filed in Artificial Intelligence, the petition received an RFE from Officer XM1771 before approval was ultimately secured.

The applicant held a STEM master’s degree and presented a strong citation profile with 8 publications and 278 citations, with the latest peer-reviewed publication dating to 2025 and supported by two recommendation letters and no testimonial letters.

The case utilized a premium processing upgrade and followed a multi-step transfer path from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center.

Notable: This approval is notable for combining post-RFE approval with a master’s level credential background and repeated service center transfers.

#3: NIW in Biochemistry

This NIW approval involved a Postdoctoral Scholar born in China and residing in the United States, who proposes to remain in the same role. Filed in Biochemistry, the NIW petition received an RFE from Officer XM1986, while a separate EB-1A filing also received an RFE from Officer EX5007 before the NIW approval was secured.

The applicant held a Ph.D. in a STEM field and presented a strong scholarly record consisting of 13 publications and 815 citations, with the latest peer-reviewed publication dating to 2023. The filing was supported by four recommendation letters and no testimonial letters.

The case proceeded with a premium processing upgrade and followed a transfer path from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center.

Notable: This case is notable for achieving NIW approval after an RFE, despite the applicant also facing RFE scrutiny in a separate EB-1A case 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.