6 I-140 Approvals After RFE on March 26, 2026
2026-03-27, BY wegreened
A Request for Evidence, or RFE, is not a final adjudication outcome. In the I-140 context, it often signals that the adjudicating officer required a clearer explanation of eligibility, a stronger evidentiary link 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 six success stories highlight I-140 approvals secured after RFE-related complications. These approvals include one EB-1A approval and five NIW approvals. Taken together, they reflect several forms of adjudicative complexity, including approval after a prior NIW denial, adjudication across more than one service center, filings supported entirely by testimonial letters rather than recommendation letters, approvals involving applicants residing both inside and outside the United States, and varied processing paths that included upfront premium processing, premium processing upgrades, and a lengthy non-premium timeline.
Cases With Inherent Challenges
Approval After a Prior NIW Denial
One of the most procedurally distinctive matters in this group involved an NIW petition that followed an earlier NIW filing, which had received an RFE and was then denied. That history made the later approval especially notable because the applicant’s qualifications and proposed work ultimately had to support a successful outcome after an earlier petition did not.
Service Center Transfers During Adjudication
Some of these approvals did not remain within a single adjudicative track. Several cases moved between service centers before approval, including one matter that transferred from Texas to Nebraska and another that moved from Nebraska to Texas and then back again. 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.
Approval Without Recommendation Letters
At least one of the approved cases proceeded without any recommendation letters and instead relied on testimonial letters. That kind of evidentiary presentation is notable because the filing must draw support from the applicant’s scholarly record, role progression, and other documentary evidence without depending on conventional recommendation-letter framing.
Uneven Credential and Publication Profiles
The approved petitions also reflect a wide range of academic and publication profiles. While some applicants presented extensive citation records and long publication histories, others secured approval with more compact scholarly records or with a master’s degree rather than a doctorate. After an RFE, that variation is significant because it shows that adjudication continued to turn on the overall coherence of the filing rather than on a single credential pattern.
Different Processing Paths Before Approval
These approvals also followed different procedural routes. Some cases moved forward with upfront premium processing, others used premium processing upgrades, and one NIW case was approved without premium processing after a 390-day timeline. That variation shows there was no single procedural path to success, even within a group of cases that had already encountered additional scrutiny.
EB-1A Approvals After RFE (1)
#1: EB-1A in Computational Chemistry
This EB-1A approval involved a Postdoctoral Scholar Research Associate born in China and residing in the United States, who proposes to remain in the same role. Filed in Computational Chemistry, the petition received an RFE from Officer EX0150 before ultimately being approved.
The applicant held a Ph.D. in a STEM field and presented a strong scholarly profile that included 34 publications and 761 citations, with the latest peer-reviewed publication dating to 2025. The filing was supported by three recommendation letters and no testimonial letters.
The case proceeded at the Nebraska Service Center with upfront premium processing.
NIW Approvals After RFE (5)
#2: NIW in Analytical Chemistry
A Graduate Assistant from Sri Lanka residing in the United States, this applicant proposes to transition to a Postdoctoral Researcher. The petition was filed in Analytical Chemistry and received an RFE from the Texas Service Center before approval was secured.
The applicant held a STEM master’s degree and presented 4 publications with 30 citations, with the latest peer-reviewed publication dating to 2024. The filing was supported by two recommendation letters and no testimonial letters.
The case remained at the Texas Service Center and proceeded without premium processing, taking 390 days to reach approval.
Notable: This approval is notable for securing NIW approval after RFE review, with a lengthy adjudication timeline of 390 days.
#3: NIW in Civil and Environmental Engineering
A Ph.D. student born in Bangladesh and residing in the United States, this applicant proposes to transition into an Assistant Professor role. The NIW petition in Civil and Environmental Engineering received an RFE from Officer EX5177 before ultimately being approved.
At the time of filing, the applicant held a STEM master’s degree and presented 3 publications with 10 citations, with the latest peer-reviewed publication dating to 2023. The filing was supported by two recommendation letters and no testimonial letters.
The case proceeded at the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review, with a master’s level credential profile and a relatively compact publication record.
#4: NIW in Computer Science
This NIW approval involved a Postdoctoral Researcher born in Algeria and residing in Sweden, who proposes to transition into a Cybersecurity Researcher role. Filed in Computer Science, the petition received an RFE from Officer XM2055 before approval.
The applicant held a Ph.D. in a STEM field and presented 7 publications with 19 citations, with the latest peer-reviewed publication dating to 2024. The filing was supported by two recommendation letters and no testimonial letters.
The case followed a transfer path from the Texas Service Center to the Nebraska Service Center and proceeded with a premium processing upgrade.
Notable: This approval is notable for combining post-RFE approval with cross-service-center adjudication for an applicant residing outside the United States.
#5: NIW in Neuroscience
Working as a Biological Scientist IV, this Mexican-born applicant residing in the United States proposes to transition into a Neuroscientist role. The NIW petition in Neuroscience received an RFE from Officer XM1910 before being approved.
The applicant held a Ph.D. in a STEM field and presented a strong scholarly record consisting of 27 publications and 441 citations, with the latest peer-reviewed publication dating to 2025. This filing was distinctive in that it included no recommendation letters and instead relied on three testimonial letters.
The case moved 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 securing NIW approval after RFE while navigating repeated service center transfers.
#6: NIW in Computer Science
This NIW approval involved a Research Scientist in industry born in Hong Kong and residing in the United States, who proposes to remain in the same role. This successful refiling actually followed an earlier NIW petition that was denied after receiving an RFE from Officer EX0804.
The applicant held a Ph.D. in a STEM field and presented 4 publications with 54 citations, with the latest peer-reviewed publication dating to 2024. The filing was supported by three recommendation letters and no testimonial letters.
The case proceeded at the Nebraska Service Center with upfront premium processing.
Notable: This approval is notable for securing NIW approval after an earlier NIW petition had received an RFE and ended in denial.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.