4 I-140 Approvals After RFE on March 25, 2026
2026-03-26, BY wegreened
A Request for Evidence, or RFE, is not a final adjudication outcome. In the I-140 context, it often means that the adjudicating officer required a clearer explanation of eligibility, a stronger connection between the applicant’s record and the governing legal standard, or a more persuasive presentation 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 review across multiple service centers, approval after a non-premium timeline extending well beyond routine processing, filings supported without any recommendation or testimonial letters, and varied procedural paths involving both upfront premium processing and premium processing upgrades.
Cases With Inherent Challenges
Review After an RFE
Each petition in this group first encountered additional scrutiny through an RFE before approval was secured. That alone made these matters more demanding than straightforward approvals, because the filings had to remain legally and factually persuasive after the adjudicating officer requested more support or clarification.
Service Center Transfers Before Approval
At least one of these approvals followed a multi-step transfer path from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center. That kind of procedural movement can add complexity because the petition must remain internally consistent and persuasive as it progresses through multiple stages of adjudication.
Approval Without Supporting Letters
One of the approved NIW cases proceeded without any recommendation letters or testimonial letters. In such cases, the petition relies more heavily on the applicant’s academic training, publication record, citation history, and proposed work than on outside letters to explain the applicant’s significance.
Extended Non-Premium Processing Timeline
One case in this group proceeded without premium processing and took 664 days before approval. A longer timeline can place additional pressure on the durability of the petition, especially where the case has already entered a more exacting review stage through an RFE.
Varied Procedural Paths Across the Approved Cases
These approvals also did not follow a single procedural route. Some moved forward through upfront premium processing, while others used premium processing upgrades, and one proceeded without premium processing at all.
EB-1A Approvals After RFE (1)
#1: EB-1A in Health Economics and Outcomes Research
An Indian-born Senior Health Economics and Outcomes Research (HEOR) Specialist in industry residing in the United States, this applicant proposed to transition into an Associate Director, HEOR, Specialty in industry. The petition was filed in Health Economics and Outcomes Research and received an RFE from Officer XM1209 before ultimately being approved.
Holding a STEM Ph.D., the applicant presented a strong scholarly profile that included 19 publications and 199 citations, with a latest peer-reviewed publication from 2025. The filing was supported by four recommendation letters and no testimonial letters.
The case also followed a complex adjudicative track, moving from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center with upfront premium processing.
Notable: This approval is notable for successfully navigating repeated service center transfers after an RFE.
NIW Approvals After RFE (3)
#2: NIW in Electrical and Computer Engineering
A Chinese-born Ph.D. student residing in the United States, this applicant proposed a transition to an Optical Engineer in industry. The applicant initially filed this NIW petition in Electrical and Computer Engineering, followed by an O-1A petition. The NIW has now been approved, while the O-1A has received an RFE from the Vermont Service Center.
Holding a STEM master’s degree, the applicant presented 24 publications and 273 citations, with a latest peer-reviewed publication from 2024. The filing was supported by four recommendation letters and no testimonial letters.
The case was adjudicated at the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for following a more unusual procedural path in which the applicant had already encountered RFE-related scrutiny in an O-1A matter before later securing NIW approval.
#3: NIW in Computer Science
Currently working as a Tenure-Track Assistant Professor, this Chinese-born applicant residing in the United States proposes to remain in the same role. The NIW petition in Computer Science received an RFE from Officer XM2191 before reaching approval.
The applicant held a STEM Ph.D. and presented 17 publications with 205 citations, with the latest peer-reviewed publication dating to 2025. The filing was supported by two recommendation letters and no testimonial letters.
The case proceeded at the Texas Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review while the applicant remained in an ongoing tenure-track academic role.
#4: NIW in Environmental Science
A Postdoctoral Research Associate originally from China and residing in the United States, this applicant intends to maintain the same role. The NIW petition in Environmental Science successfully overcame an RFE from Officer EX0054 before ultimately being approved.
The applicant held a STEM Ph.D. and presented 12 publications and 97 citations, with a latest peer-reviewed publication from 2025. No supporting letters were submitted.
The case proceeded at the Nebraska Service Center without premium processing and took 664 days to reach approval.
Notable: This case stands out for securing an NIW approval after an RFE without any recommendation or testimonial letters, enduring a lengthy 664-day adjudication timeline.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.