Success Stories After RFE: 2 I-140 Approvals on March 10, 2026
A Request for Evidence, or RFE, is not a final adjudication outcome. In many I-140 cases, it reflects the officer’s demand for clearer evidentiary linkage, tighter legal framing, or more direct support for how the record satisfies the governing standard.
The following two success stories highlight I-140 approvals that moved forward despite RFE-related complications. Although the sample is small, both matters show how approval can still be secured when the petition remains grounded in objective credentials, a responsive adjudication strategy, and a record that is coherent enough to withstand additional scrutiny.
Cases With Inherent Challenges
Service Center Transfers During Adjudication
Both approvals involved movement between service centers rather than remaining in a single adjudicative track. One EB-1B case was transferred from the Nebraska Service Center to the Texas Service Center and proceeded without premium processing, while the NIW matter moved from the Texas Service Center to the Nebraska Service Center. Procedural movement of this kind can complicate adjudication because the file must remain internally consistent even as review shifts across officers and locations.Mixed Processing Strategies After RFE
The two matters also reflect different post-RFE processing paths. One approval remained in regular processing and reached a documented 518-day timeline, while the other proceeded on a premium processing upgrade. This contrast illustrates that there is no single route to success after an RFE, and that case strategy may depend heavily on the procedural posture reflected in the record.Strong Research Profiles Facing Additional Scrutiny
These approvals involved applicants with solid research-based credentials, including Ph.D.-level training, peer-reviewed publication records, and citation histories that showed measurable external reliance. Even so, both petitions still encountered RFE scrutiny, which underscores a common feature of I-140 adjudication: a strong profile alone does not eliminate the need for precise legal positioning and a record that allows the officer to connect the evidence to the petition standard without gaps.EB-1B Approvals After RFE (1)
#1: EB-1B in Vaccine Development
This EB-1B approval involved an applicant born in India and residing in the United States, who proposes to continue their current employment as a Research Associate. The petition was filed in Vaccine Development and received an RFE from Officer XM1421 before ultimately reaching approval.The applicant held a Ph.D. and presented a research record that included 14 publications, 148 citations, and a latest peer-reviewed publication dated 2024, with four recommendation letters supporting the case.
The matter proceeded through a non-premium track and was transferred from the Nebraska Service Center to the Texas Service Center, with a total documented processing time of 518 days.
Notable: This case required persistence across a longer, procedurally complex review path, ultimately securing approval under Officer XM1421 after an inter-service-center transfer and an extended 518-day regular adjudication timeline.
NIW Approvals After RFE (1)
#2: NIW in Synthetic Organic Chemistry
This NIW approval involved an applicant born in India and residing in the United States, who proposes to continue in their current role as a Research Scientist. The petition was filed in Synthetic Organic Chemistry and received an RFE from Officer EX0832 before approval.The applicant held a Ph.D. and submitted a record including 11 publications, 233 citations, and a most recent peer-reviewed publication from 2023, supported by four recommendation letters.
Unlike the EB-1B matter above, this case moved from the Texas Service Center to the Nebraska Service Center and proceeded with a premium processing upgrade.
Notable: This case serves as a prime example of how an NIW petition can survive RFE scrutiny (under Officer EX0832) and venue transfer, leveraging a premium processing upgrade to push a strong record across the finish line.