3 Approvals After RFE on May 21, 2026
A Request for Evidence, or RFE, is not a final adjudication outcome, but rather a more demanding stage of review in the employment-based immigration process. An RFE generally indicates that the adjudicating officer requires a clearer articulation of eligibility, a stronger evidentiary connection between the applicant’s accomplishments and the governing legal standard, or additional clarification regarding the applicant’s proposed work and broader impact. Once a petition enters this stage, the filing is evaluated under heightened scrutiny and must remain strategically positioned, internally consistent, and well-supported to ultimately secure approval.
The following success stories highlight three approvals achieved after RFE review or related procedural complications, including one EB-1A approval and two O-1A approvals. These cases reflect service center transfers, parallel filings across different immigration categories, premium processing upgrades, and approvals involving varied scholarly profiles, demonstrating that favorable outcomes remain achievable even after intensified adjudicative scrutiny and procedural complexity.
Cases With Inherent Challenges
Prior Adjudicative Complexity Across Petition Categories
One approval involved an applicant whose earlier EB-1A petition had received an RFE and remained pending before a later O-1A petition was approved. This procedural history adds complexity because the later filing had to proceed under a different petition category while the earlier EB-1A remained unresolved after RFE review.
Procedural Transfers Between Service Centers
One petition underwent transfers between the Nebraska Service Center and the Texas Service Center during adjudication. Such procedural movement increases complexity because the filing must remain persuasive and internally consistent while being evaluated across different adjudicative environments and officer perspectives.
Varied Scholarly Profiles Under Heightened Review
The approvals also reflected differing scholarly profiles, ranging from applicants with substantial citation records exceeding one thousand citations to filings supported by more moderate publication and citation histories. These cases demonstrate that approval after RFE review may depend not only on numerical metrics, but also on the coherence of the evidentiary presentation and the consistency between the applicant’s expertise and proposed work.
EB-1A Approval After RFE (1)
#1: EB-1A in Computer Science
This EB-1A approval involved a Ph.D. candidate, born in China and residing in the United States, who proposes to become a Graduate Research Assistant. Filed in Computer Science, the petition received an RFE from Officer XM1960 before approval was ultimately secured.
The applicant held a STEM master’s degree and presented a substantial scholarly profile consisting of 5 publications and 1,103 citations, with peer-reviewed work published as recently as 2024. The filing included five recommendation letters and proceeded without testimonial letters.
The adjudication involved procedural transfers from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center, with a premium processing upgrade during adjudication.
Notable: This approval is notable for securing EB-1A approval after RFE review while the petition underwent multiple transfers between service centers during adjudication.
O-1A Approvals After RFE (2)
#2: O-1A in Cancer Biology
This O-1A approval involved a Research Associate, born in Indonesia and residing in the United States, who proposes to work as a Scientist II in industry. Filed in Cancer Biology, the applicant initially filed an EB-1A petition, which received an RFE from Officer XM1849 and remained pending, before a later O-1A petition ultimately secured approval.
The applicant held a STEM Ph.D. and presented a strong scholarly profile consisting of 6 publications and 1,058 citations, including peer-reviewed work published as recently as 2026. The filing included three recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the California Service Center with upfront premium processing.
Notable: This approval is notable for securing O-1A approval while the applicant’s separate EB-1A petition remained pending following RFE review.
#3: O-1A in Biomedical Engineering
This O-1A approval involved a Manager of Operations, born in China and residing in the United States, who proposes to continue in the same role. Filed in Biomedical Engineering, the petition received an RFE from the Vermont Service Center before approval was ultimately achieved.
The applicant held a STEM Ph.D. and presented a credible scholarly profile consisting of 12 publications and 102 citations, with peer-reviewed work published as recently as 2025. The filing included four recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Vermont Service Center with upfront premium processing.
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.