1 I-140 Approval After RFE on April 8, 2026
A Request for Evidence, or RFE, is not a final adjudication outcome. In the I-140 context, it often reflects the adjudicating officer’s need for a clearer explanation of eligibility, a stronger evidentiary connection 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 success story highlights an EB-1A approval secured through a refiled petition after an earlier EB-1A filing had already encountered RFE scrutiny and was withdrawn. This matter reflects a more demanding adjudicative path because the approved petition did not arise from a straightforward first filing. Instead, the successful case followed an earlier EB-1A matter that had received an RFE before being withdrawn, while the later approval was pursued for an applicant who remained in the same professional role and was residing outside the United States. Taken together, those features make this approval a useful example of how procedural history, geographic circumstance, and continuity of professional position can combine to create a more complex adjudicative record.
Cases With Inherent Challenges
Refiled EB-1A Approval After an Earlier RFE and Withdrawal
The approved petition followed an earlier EB-1A filing that had received an RFE and was later withdrawn. That prior procedural history makes the eventual approval especially notable because the applicant’s eligibility had already been tested under heightened scrutiny before the successful refiled petition moved forward.
Approval While the Applicant Remained Outside the United States
The applicant was residing in China at the time of approval. In an already more demanding refiled context, approval for an applicant living abroad can add another layer of complexity because the petition must still present a clear and persuasive record of sustained acclaim and future professional relevance.
Continuity in the Same Professional Role
The approved filing did not rely on a major change in job title or career direction. Instead, the applicant proposed to continue in the same role, which is significant because the refiled petition still needed to persuasively establish EB-1A eligibility without reframing the applicant’s professional path around a new position or different type of work.
EB-1A Approvals After RFE (1)
#1: EB-1A in Economics
Residing in China, this Chinese-born Associate Professor of Finance proposes to remain in the same role. Filed in Economics, the successful petition was a refiled EB-1A case following an earlier EB-1A filing that had received an RFE from Officer XM1671 and was later withdrawn.
The applicant held a STEM Ph.D. and presented a substantial scholarly record that included 20 publications and 849 citations, with the latest peer-reviewed publication dating to 2021. The filing was supported by four recommendation letters.
The matter proceeded through the Texas Service Center with a premium processing upgrade.
Notable: This approval is notable for securing EB-1A approval through a refiled petition after an earlier EB-1A filing received an RFE and was withdrawn, while the applicant was residing outside the United States.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.