3 I-140 Approvals After RFE on March 31, 2026

2026-04-01, 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 stage of review in which the petition must remain coherent and persuasive under closer scrutiny.

The following three success stories highlight I-140 approvals secured after RFE-related complications. These approvals include one EB-1A approval and two NIW approvals. Taken together, they reflect several forms of adjudicative complexity, including cross-service-center adjudication, a lengthy non-premium timeline, and varied credential and publication profiles ranging from a master’s-level applicant with a more compact scholarly record to petitioners with extensive publication and citation histories.

Cases With Inherent Challenges

Cross-Service-Center Adjudication

One of the approvals in this group did not remain on a single adjudicative path. The EB-1A petition 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 filing must remain internally consistent and persuasive as it progresses through multiple stages of review.

Different Processing Paths and Timelines

These approvals also followed different procedural routes. One case used upfront premium processing, another proceeded through a premium processing upgrade, and one NIW petition was approved without premium processing after a 647-day timeline. That variation shows there was no single procedural path to success in this group of post-RFE approvals.

Uneven Credential and Scholarly Profiles

The approved petitions also reflect a meaningful range of academic and publication profiles. Two applicants held STEM Ph.D. degrees and presented substantial scholarly records, while another successful NIW petitioner held a master’s degree and had a more compact publication and citation profile. That variation is significant because it shows that, even after RFE scrutiny, approval did not turn on a single numerical benchmark alone.

EB-1A Approvals After RFE (1)

#1: EB-1A in Molecular Genetics and Genomics

This EB-1A approval involved a Postdoctoral Research Associate born in Brazil and residing in the United States, who proposed to remain in the same role. Filed in Molecular Genetics and Genomics, the petition received an RFE from Officer XM2254 before ultimately being approved.

The applicant held a STEM Ph.D. and presented a strong scholarly profile that included 27 publications and 1,685 citations, with the latest peer-reviewed publication dating to 2025. The filing was supported by four recommendation letters and no testimonial letters.

The case proceeded with upfront premium processing 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 approval is notable for combining post-RFE approval with repeated service center transfers.

NIW Approvals After RFE (2)

#2: NIW in Surgical Research

This NIW approval involved an Associate Professor born in South Korea and residing in the United States, who proposed to transition into a Senior Researcher role. The NIW petition was filed in Surgical Research. The applicant initially filed an EB1A petition, followed by an NIW petition. The NIW has been approved, while the EB1A has received an RFE from Officer XM1767.

The applicant held a STEM Ph.D. and presented an extensive scholarly record consisting of 58 publications and 651 citations, with the latest peer-reviewed publication dating to 2024. The filing was supported by two recommendation letters and no testimonial letters.

The case proceeded at the Texas Service Center without premium processing and took 647 days to reach approval.

Notable: This approval is notable for securing NIW approval with a lengthy adjudication timeline of 647 days, while also following earlier RFE scrutiny in a separate EB-1A filing.

#3: NIW in Electrical Engineering

This NIW approval involved a Ph.D. student born in China and residing in the United States, who proposed to transition into an Assistant Professor of Electrical Engineering role. Filed in Electrical Engineering, the petition received an RFE from Officer EX0054 before approval was secured.

The applicant held a STEM master’s degree and presented 13 publications and 79 citations, with the latest peer-reviewed publication dating to 2024. The filing was supported by two recommendation letters and no testimonial letters.

The case proceeded at the Nebraska Service Center and moved forward through a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review with a relatively compact publication record.

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.