4 I-140 Approvals After RFE on April 3, 2026

2026-04-06, 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 four success stories highlight I-140 approvals secured after RFE-related complications. These approvals include one EB-1A approval and three NIW approvals. Taken together, they reflect several forms of adjudicative complexity, including a case that moved forward after a Notice of Intent to Deny (NOID) from the Texas Service Center, an NIW matter that transferred between service centers before returning to its original forum, approvals supported by no recommendation or testimonial letters, and varied scholarly profiles ranging from compact publication records to highly cited research portfolios.

Cases With Inherent Challenges

Approval Following Different Forms of Heightened Scrutiny

Not every approval in this group followed the same procedural posture. Three petitions proceeded after a Request for Evidence (RFE), while one EB-1A matter moved forward after receiving a Notice of Intent to Deny (NOID) from the Texas Service Center. That distinction is significant because it shows that the approved filings were not simply routine matters, but petitions that had already entered a more demanding stage of adjudicative review.

Cross-Service-Center Adjudication

One of the approved NIW cases 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 filing must remain internally consistent and persuasive across multiple stages of review.

Approvals Without Supporting Letters

A notable feature of this group is that two NIW approvals proceeded without recommendation letters or testimonial letters. In post-RFE cases, the absence of supporting letters can make the record appear more compact on its face, which makes the successful outcome particularly notable when approval is still secured after closer scrutiny.

Varied Credential, Publication, and Residence Profiles

These approved petitions also reflect a meaningful range of applicant profiles. The group includes both Ph.D. and master’s-level applicants, publication counts ranging from 4 to 47, and residence patterns spanning both the United States and China. That variation is important because it shows that post-RFE approval did not turn on a single academic level, publication threshold, or geographic circumstance.

EB-1A Approvals After RFE (1)

#1: EB-1A in Public Health Microbiology

This EB-1A approval involved a Diagnostic Laboratory Technologist III born in Sri Lanka and residing in the United States, who proposes to remain in the same role. Filed in Public Health Microbiology, the petition received a NOID from the Texas Service Center before ultimately securing approval.

The applicant held a STEM Ph.D. and presented a substantial scholarly profile that included 47 publications and 1,113 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 through the Texas Service Center and utilized a premium processing upgrade.

Notable: This approval is notable for securing EB-1A approval after a NOID.

NIW Approvals After RFE (3)

#2: NIW in Computer Science

This NIW approval involved a Ph.D. candidate born in China and residing in the United States, who proposes to transition into a Machine Learning Engineer in industry role. Filed in Computer Science, the petition received an RFE from Officer XM2556 before approval was ultimately secured.

The applicant held a STEM master’s degree and presented a compact scholarly profile consisting of 4 publications and 19 citations, with the latest peer-reviewed publication dating to 2024. The filing was supported by two recommendation letters and no testimonial letters.

The matter followed a complex procedural route, moving from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center, and it proceeded through a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review with a compact scholarly record and repeated service center transfers.

#3: NIW in Computational Neuroscience

Residing in China, this Chinese-born Research Scientist proposes to transition to an Assistant Professor of the Department of Neuroscience. Filed in Computational Neuroscience, the petition received an RFE from Officer XM1986 before approval was secured.

The applicant held a STEM Ph.D. and presented a strong scholarly record that included 9 publications and 207 citations, with the latest peer-reviewed publication dating to 2025. The filing proceeded without any supporting letters.

The case remained at the Texas Service Center and proceeded with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review while the applicant resided outside the United States and without any recommendation or testimonial letters.

#4: NIW in Computational Engineering

This NIW approval involved a Ph.D. candidate born in China and residing in the United States, who proposes to transition to a Research and Development Scientist in industry. Filed in Computational Engineering, the petition received an RFE from Officer EX5209 before approval was ultimately secured.

The applicant held a STEM master’s degree and presented a solid scholarly profile that included 8 publications and 153 citations, with the latest peer-reviewed publication dating to 2024. The filing proceeded without any supporting letters.

The matter proceeded at the Nebraska Service Center and utilized a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review without any recommendation or testimonial 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.