5 Approvals After RFE on March 13, 2026

A Request for Evidence, or RFE, is not a final adjudication outcome. In many employment-based 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 strong cases can face additional scrutiny when the procedural path includes service center transfers, different processing strategies, or records that require more careful contextual explanation.

The following five success stories highlight approvals secured after RFE-related complications. These success stories include one EB-1A approval, three NIW approvals, and one O-1A approval. Together, these cases show that approval after an RFE depends not only on the applicant’s qualifications but also on whether the filing remains coherent, well supported, and durable enough to withstand closer review.

Service Center Transfers During Review

Not all of these approvals remained within a single adjudicative track. The EB-1A matter moved from the Nebraska Service Center to the Texas Service Center and then back again before approval, showing how procedural movement can complicate adjudication when the file must remain internally consistent across multiple locations.

Mixed Processing Strategies After RFE

These approvals also reflect different post-RFE paths. Some proceeded through upfront premium processing, one moved forward through a premium processing upgrade, and one NIW case remained in regular processing and reached a documented 700-day timeline before approval. That contrast underscores that there is no single route to success after an RFE.

Uneven Research Profiles Under Similar Scrutiny

The approved cases span very different scholarly profiles. One applicant presented 21 publications and 2,071 citations, while another NIW approval moved forward with 6 publications and 63 citations. This range reflects a recurring feature of post-RFE adjudication, namely that officers do not review numbers alone, but whether the overall evidentiary picture is persuasive under the relevant standard.

Variation in Letter Support

The supporting documentation also varied across these matters. Some applicants filed with multiple recommendation letters, while one NIW approval proceeded without recommendation letters and instead included a testimonial letter. That difference suggests that the overall organization and positioning of the case remained especially important under closer scrutiny.

#1: EB-1A in Disease Ecology

Born in Brazil and residing in the United States, this Research Fellow proposes to continue in the same role. The EB-1A petition in Disease Ecology received an RFE from Officer XM0389 before ultimately reaching approval. 

Holding a STEM Ph.D., the applicant presented 21 publications, 2,071 citations, a latest peer-reviewed publication from 2025, and two recommendation letters.

The procedural path was complex, with the case transferring from the Nebraska Service Center to the Texas Service Center and back again to the Nebraska Service Center.

The case proceeded with upfront premium processing.

Notable: This case involved repeated service center transfers before approval.

#2: NIW in Process Engineering

This Chinese-born Senior Research Scientist in industry, residing in the United States, proposes to remain in the same role. The applicant initially filed an NIW petition, followed by an EB1A petition. The NIW has been approved, while the EB1A has received an RFE from Officer EX0858.

Holding a STEM Ph.D., the applicant had 30 publications and 445 citations, and a latest peer-reviewed publication from 2024, together with four recommendation letters. 

The case was handled at the Texas Service Center and proceeded through a premium processing upgrade.

Notable: This approval is notable because the NIW case succeeded even though a related EB-1A petition had encountered an RFE earlier in the process.

This NIW approval involved an Indian-born applicant residing in the United States, serving as a Research Associate and proposing to remain in the same employment. The petition in Biological Sciences received an RFE from Officer XM2425 before approval and followed a longer regular-processing route.

With a STEM Ph.D. in hand, the applicant presented 6 publications, 63 citations, a latest peer-reviewed publication from 2023, and four recommendation letters. 

The case was adjudicated at the Texas Service Center and took 700 days to reach approval.

Notable: This approval involves a lengthy regular-processing route.

Born in China and based in the United States, this Senior Staff Scientist plans to remain in the same role. The NIW petition in Medicinal Chemistry received an RFE from Officer XM1771 before being approved.

The applicant held a Ph.D. in a STEM field and presented 17 publications, 355 citations, and a latest peer-reviewed publication from 2024. 

This case was adjudicated at the Texas Service Center with upfront premium processing and moved forward without recommendation letters, relying instead on one testimonial letter.

#5: O-1A in Cybersecurity

This O-1A approval involved a Chinese-born applicant residing in the United States, working as a Senior Security Machine Learning Researcher in industry and proposing to continue in the same role. The petition in Cybersecurity received an RFE from the Vermont Service Center before ultimately being approved.

The applicant held a Ph.D. in a STEM field and presented 18 publications, 311 citations, and a latest peer-reviewed publication from 2024, supported by four recommendation letters. 

The case proceeded at 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.