5 I-140 Approvals After RFE on March 18, 2026
2026-03-19, 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 file includes service center transfers, differing premium processing strategies, or credential profiles that do not all present the same type or volume of evidence.
The following five success stories highlight I-140 approvals secured after RFE-related complications. These success stories include two EB-1A approvals and three NIW approvals. Together, these cases show that approval after an RFE depends not only on the applicant’s qualifications 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
Several of these approvals did not remain in a single adjudicative track. Multiple cases moved from the Texas Service Center to the Nebraska Service Center and then back again, while another traveled from the Nebraska Service Center to the Texas Service Center and then returned to the Nebraska Service Center before approval. Procedural movement of this kind can complicate adjudication because the file must remain internally consistent as review shifts across locations.
Mixed Premium Processing Strategies
These approvals also reflect different RFE procedural paths. Four cases moved forward through a premium processing upgrade, while one NIW petition proceeded with upfront premium processing. That contrast shows there was no single route to approval, even within the same overall group of successful outcomes.
Uneven Scholarly Records Under Similar Scrutiny
The approved cases span noticeably different research profiles. One EB-1A applicant presented only 3 publications but 309 citations, while one NIW applicant presented 19 publications and 537 citations. Another NIW case was approved with a master’s degree rather than a doctoral degree. This range underscores a recurring feature of post-RFE adjudication, namely that officers do not assess numbers alone, but whether the overall evidentiary presentation remains persuasive under the relevant standard.
Different Forms of Supporting Letter Evidence
The letter support also varied across these approvals. Several petitions included multiple recommendation letters without testimonial letters, while one NIW approval combined three recommendation letters with one testimonial letter. That variation suggests the broader organization of the filing remained important under continued scrutiny, especially when the evidentiary mix was not identical from case to case.
EB-1A Approvals After RFE (2)
#1: EB-1A in Data Analytics
This EB-1A approval involved a Data Engineer in industry, born in China and residing in the United States, who proposed to remain in the same role. The petition in Data Analytics received an RFE from Officer EX0557 before ultimately being approved.
The applicant held a Ph.D. in a STEM field and presented 11 publications, 220 citations, and a latest peer-reviewed publication from 2023, supported by four recommendation letters.
The case moved from the Texas Service Center to the Nebraska Service Center and then back to the Texas Service Center. The case also utilized a premium processing upgrade.
Notable: This case stands out for navigating repeated transfers between the Texas Service Center and the Nebraska Service Center before reaching approval.
#2: EB-1A in Artificial Intelligence
An applicant born in China and residing in the United States works as a Machine Learning Engineer. The petition was filed in Artificial Intelligence and received an RFE before later reaching approval.
The applicant held a STEM Ph.D. and presented 3 publications, 309 citations, and a latest peer-reviewed publication from 2024, along with four recommendation letters.
This case remained at the Nebraska Service Center and utilized a premium processing upgrade.
Notable: This approval is notable for combining a relatively small publication count with a stronger citation record in an EB-1A filing that still succeeded after an RFE.
NIW Approvals After RFE (3)
#3: NIW in Air Transportation
An Assistant Professor born in China and currently residing in the United States proposes to remain in the same role. The petition in Air Transportation received an RFE from Officer XM2582 before being approved.
The applicant held a Ph.D. in a STEM field and presented 7 publications, 62 citations, and a latest peer-reviewed publication from 2025, supported by four recommendation letters.
The case was handled at the Nebraska Service Center and proceeded with a premium processing upgrade.
Notable: This case stands out for securing approval after an RFE with a latest peer-reviewed publication from 2025, reflecting a particularly recent research profile.
#4: NIW in Agricultural Water Management
A Nepalese Ph.D. candidate residing in the United States, this applicant proposes to transition to a Postdoctoral Researcher role. The petition in Agricultural Water Management received an RFE from Officer XM2420 before ultimately being approved.
The applicant held a master’s degree in a STEM field and presented 11 publications, 78 citations, and a latest peer-reviewed publication from 2025. The filing also included three recommendation letters and one testimonial letter.
The case utilized an upfront premium processing and the procedural path was more complex than a single-center review. The case moved from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center.
Notable: This case is notable for combining a role transition, a master’s level credential background, and multiple service center transfers before securing approval after an RFE.
#5: NIW in Semiconductors and Microelectronics
This NIW approval involved a Process Engineer in industry, born in China and residing in the United States, who proposes to remain in the same role. The petition in Semiconductors and Microelectronics received an RFE from Officer EX5080 before being approved.
The applicant held a Ph.D. in a STEM field and presented 19 publications, 537 citations, and a latest peer-reviewed publication from 2024, supported by two recommendation letters.
The case proceeded with a premium processing upgrade and experienced a complex adjudicative path, moving from the Texas Service Center to the Nebraska Service Center and then back to the Texas Service Center.
Notable: This approval stands out for pairing a strong scholarly profile with repeated service center transfers before reaching approval.
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.