Success Stories After RFE: 2 I-140 Approvals on March 16, 2026
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 procedural history includes a prior denial, a refiling strategy, or an evidentiary profile that does not fit the familiar research-driven pattern.
The following two success stories highlight I-140 approvals secured after prior RFE-related complications. These success stories include one EB-1A approval and one NIW approval. Together, these cases show that approval after an RFE depends not only on the applicant’s background, but also on whether the filing remains coherent, well supported, and durable enough to withstand closer review.
Cases With Inherent Challenges
Prior RFE History and Refiling
One of these approvals relied on a successful refiling strategy after an earlier NIW petition received an RFE from Officer XM1899 and was subsequently denied. This procedural history created a complicated path, as the later filing had to remain persuasive despite an earlier adverse outcome in the same category.A Non-Researcher EB-1A Profile Without a Publication Record
The EB-1A approval stands out because it did not rest on a conventional research profile. The applicant worked in Technology Strategy, was identified as a non-researcher, and presented no publications or citations at all. This demonstrates that post-RFE scrutiny can also apply to cases evaluated through a completely different evidentiary lens than the familiar academic profile.Different Premium Processing Paths
These two approvals also reflect different procedural strategies. One case moved forward with upfront premium processing, while the other reached approval through a premium processing upgrade after an earlier denied filing. This contrast proves there is no single post-RFE path to success.Uneven Scholarly Records Under Continued Scrutiny
The two approved matters also reflect very different evidentiary profiles. One applicant secured approval with no publications and no citations, while the other presented 6 publications and 105 citations with a latest peer-reviewed publication from 2024. That range underscores a recurring feature of post-RFE adjudication, namely that officers do not assess numbers alone, but whether the full record remains persuasive under the applicable standard.EB-1A Approvals After RFE (1)
#1: EB-1A in Technology Strategy
Born in India and residing in the United States, this Associate Director proposed to remain in the same role. The petition, filed as a non-researcher EB-1A in Technology Strategy, successfully overcame an RFE to reach approval.Holding a STEM master’s degree, the applicant did not present any publications or citations. Instead, the filing included four recommendation letters and two testimonial letters, reflecting an evidentiary presentation built around a different type of professional record.
The case was adjudicated at the Texas Service Center and proceeded with upfront premium processing.
Notable: This case stands out for securing EB-1A approval after an RFE in a non-researcher category without any publications or citations.
NIW Approvals After RFE (1)
#2: NIW in Chemical Engineering
This NIW approval involved an applicant from Bangladesh residing in the United States, working as a Postdoctoral Fellow and proposing to remain in the same role. The initial NIW petition received an RFE from Officer XM1899 and was subsequently denied. The case was later refiled and finally approved, overcoming a more complex process than a standard first-time application.The applicant held a STEM Ph.D. and presented 6 publications, 105 citations, and a latest peer-reviewed publication from 2024. The case also included six recommendation letters and one testimonial letter.
The case remained at the Texas Service Center through a premium processing upgrade.
Notable: This case highlights a successful refiling strategy, securing NIW approval after a prior petition received an RFE and was denied.