1 I-140 Approval After RFE on May 1, 2026
A Request for Evidence, or RFE, is not a final adjudication outcome, but it signals that a petition has entered a more demanding stage of review. In the I-140 context, an RFE reflects the adjudicating officer’s need for a clearer articulation of eligibility, a stronger evidentiary connection between the applicant’s record and the governing legal standard, or a more persuasive explanation of the proposed work. Once a case progresses beyond this stage, the petition is evaluated under heightened scrutiny and must remain coherent, consistent, and well-supported to achieve approval.
The following success story highlights an I-140 EB-1A approval secured after RFE review. The case reflects how evidentiary strength, procedural movement, and consistency of the petition narrative can lead to a favorable outcome under increased scrutiny.
Cases With Inherent Challenges
Elevated Scrutiny Following RFE Issuance
The case involved the issuance of an RFE by an adjudicating officer, indicating that additional clarification or evidentiary support was required before a final determination could be made. Responding effectively at this stage requires not only addressing the specific concerns raised but also reinforcing the overall coherence and persuasiveness of the petition under a heightened standard of review.
Service Center Transfer During Adjudication
The petition experienced a transfer from the Nebraska Service Center to the Texas Service Center during adjudication. This type of procedural movement introduces additional complexity, as the petition must maintain consistency and clarity across different reviewing environments and adjudicating perspectives.
Field-Specific Considerations and Classification Nuance
The case was filed in a specialized scientific field that was not categorized as STEM. This classification nuance can affect how the applicant’s contributions are framed and evaluated, requiring a more tailored articulation of impact and significance within the petition.
EB-1A Approvals After RFE (1)
#1: EB-1A in Immunology
This EB-1A approval involved a Postdoctoral Fellow, born in China and residing in the United States, who proposes to continue in the same role. Filed in Immunology, the petition received an RFE from Officer XM0034 before approval was ultimately secured.
The applicant held a Ph.D. and presented a strong and well-developed scholarly record, with 14 publications and 1,722 citations, including recent peer-reviewed work published in 2024. The petition was supported by four recommendation letters and no testimonial letters.
The case followed a procedurally complex path, transferring from the Nebraska Service Center to the Texas Service Center, and proceeded with upfront premium processing.
Notable: This approval is notable for achieving EB-1A approval after RFE review in a non-STEM field while maintaining consistency through a service center transfer.
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.