3 Approvals After RFE on April 20, 2026
A Request for Evidence, or RFE, is not a final adjudication outcome. In the employment-based petition context, it reflects the adjudicating officer’s need for a clearer articulation of eligibility, a stronger connection between the applicant’s record and the governing legal standard, or a more persuasive explanation of the applicant’s proposed work. Even when approval is ultimately secured, an RFE introduces a more demanding stage of review in which the petition must remain internally consistent and persuasive under closer scrutiny.
The following three success stories highlight approvals secured after RFE review or in the context of more complex procedural histories, consisting of two NIW approvals and one O-1A approval. These cases illustrate a range of adjudicative challenges, including extended processing timelines, cross-service-center transfers, and differences in evidentiary support.
Cases With Inherent Challenges
Extended Processing Without Premium Processing
Two of the approved cases proceeded through non-premium processing routes, with one extending to 886 days and another reaching 385 days before approval. Longer adjudication timelines increase complexity because the petition must remain persuasive over an extended period, despite potential changes in the applicant’s record or field.
Cross-Service-Center Transfers
One case involved multiple transfers between the Nebraska Service Center and the Texas Service Center before approval. This type of procedural movement requires the petition to maintain consistency and clarity across different adjudicating environments, which can increase the level of scrutiny applied.
Differences in Evidentiary Support
The cases also reflect significant variation in supporting documentation, with some filings including multiple recommendation letters, while one proceeded without any supporting letters. This range illustrates that approval after RFE review can still be achieved through different evidentiary approaches when the overall petition remains persuasive.
NIW Approvals After RFE (2)
#1: NIW in Materials Science
This NIW approval involved a Principal Scientific Officer born and residing in Bangladesh, who proposes to work as a Research Scientist. Filed in Materials Science, the petition received an RFE from Officer EX5177 before ultimately securing approval.
The applicant held a STEM Ph.D. and presented a highly developed scholarly record consisting of 34 publications and 2,187 citations, with the most recent peer-reviewed work dated to 2019. The filing was supported by two recommendation letters and no testimonial letters.
The case proceeded through the Nebraska Service Center without premium processing, extending to 886 days.
Notable: This approval is notable for securing NIW approval after RFE review with a lengthy adjudication process exceeding 800 days, while the applicant was residing outside the United States at the time of filing.
#2: NIW in Applied Artificial Intelligence
This case involved a Senior Autonomy Engineer in industry, born in India and residing in the United States, who proposes to continue in the same role. Filed in Applied Artificial Intelligence, the petition received an RFE from Officer XH2622 before approval was ultimately secured.
The applicant held a STEM master’s degree and presented a solid scholarly profile consisting of 7 publications and 368 citations, with recent peer-reviewed work published in 2024. The filing proceeded without any supporting letters.
The case followed a complex procedural path, transferring from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center, with a premium processing upgrade.
Notable: This approval is notable for combining post-RFE success with multiple service center transfers without any recommendation or testimonial letters.
O-1A Approvals After RFE (1)
#3: O-1A in Medicinal Chemistry
This O-1A approval involved a Senior Scientist in industry, born in India and residing in the United States, who proposes to continue in the same role. Filed in Medicinal Chemistry, the petition received an RFE from the Vermont Service Center before approval was secured.
The applicant held a STEM Ph.D. and presented an extensive scholarly record consisting of 93 publications and 6,604 citations, with recent peer-reviewed work published in 2024. The filing was supported by five recommendation letters and no testimonial letters.
The case proceeded through the Vermont Service Center without premium processing and reached approval after 385 days.
Notable: This approval is notable for obtaining O-1A approval after RFE review despite a lengthy adjudication period.
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.