5 Approvals After RFE on May 12, 2026
A Request for Evidence, or RFE, is not a final adjudication outcome, but it reflects a more demanding stage of review in the adjudication process. In employment-based petitions, 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 case is evaluated under heightened scrutiny and must remain internally consistent, strategically presented, and well-supported to secure approval.
The following success stories highlight five approvals achieved after RFE review, including one EB-1A approval, three NIW approvals, and one O-1A approval. These cases reflect varying evidentiary profiles, procedural movement between service centers, prior related petition scrutiny, and petitions proceeding with little or no supporting documentation, demonstrating that approval remains possible even after intensified review.
Cases With Inherent Challenges
Multiple Service Center Transfers During Adjudication
Several petitions experienced procedural transfers between the Nebraska Service Center and the Texas Service Center before approval was ultimately secured. Such movement increases adjudicative complexity because the petition must maintain consistency across different reviewing environments and officer perspectives throughout the adjudication process.
Varied Evidentiary Profiles
The cases reflected varied evidentiary profiles, including modest publication counts, limited supporting letters, and petitions with no supporting letters. These differences required each case to rely on a clear connection between the applicant’s objective record and the applicable legal standard.
Prior Related Petition Scrutiny
One O-1A approval involved an applicant whose related EB-1B petition had previously received an RFE and was ultimately approved. This prior RFE history adds adjudicative complexity because the applicant’s record had already undergone heightened review in another classification before the O-1A approval was secured.
EB-1A Approval After RFE (1)
#1: EB-1A in Materials Chemistry
This EB-1A approval involved a Process Engineer in industry, born in China and residing in the United States, who proposes to continue in the same role. Filed in Materials Chemistry, the petition received an RFE from Officer XM1313 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a strong scholarly profile consisting of 20 publications and 504 citations, including recent peer-reviewed work published in 2025. The filing was supported by four recommendation letters and proceeded without testimonial letters.
The case was adjudicated through the Nebraska Service Center with a premium processing upgrade after filing.
NIW Approvals After RFE (3)
#2: NIW in Electrical Engineering
This NIW approval involved a Senior Transmission Planning Engineer, born in China and residing in the United States, who proposes to continue in the same role. Filed in Electrical Engineering, the petition received an RFE from Officer XM2375 before approval was ultimately achieved.
The applicant held a STEM Ph.D. and presented a credible scholarly record consisting of 14 publications and 160 citations, with the latest peer-reviewed publication appearing in 2023. The filing included two recommendation letters and no testimonial letters.
The petition was adjudicated at the Texas Service Center without premium processing and remained pending for 765 days before approval was secured.
#3: NIW in Materials Science and Engineering
This NIW approval involved a Ph.D. student, born in Taiwan and residing in the United States, who proposes to become a Postdoctoral Scholar. Filed in Materials Science and Engineering, the petition received an RFE from Officer XM0725 before approval was ultimately secured.
The applicant held a STEM bachelor’s degree and presented a developing but persuasive scholarly profile consisting of 13 publications and 334 citations, including recent peer-reviewed work published in 2025. The petition proceeded without any supporting letters.
The case experienced multiple procedural transfers, moving from the Nebraska Service Center to the Texas Service Center and later returning to the Nebraska Service Center with a premium processing upgrade.
Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters while navigating multiple service center transfers.
#4: NIW in Cell and Molecular Biology
This NIW approval involved a Postdoctoral Associate, born in Sri Lanka and residing in the United States, who proposes to continue in the same role. Filed in Cell and Molecular Biology, the petition received an RFE from the Nebraska Service Center before approval was ultimately achieved.
The applicant held a STEM Ph.D. and presented a focused scholarly profile consisting of 6 publications and 298 citations, with recent peer-reviewed work published in 2026. The petition proceeded without any supporting letters.
The adjudication involved procedural transfers from the Texas Service Center to the Nebraska Service Center and then back to the Texas Service Center, with a premium processing upgrade.
Notable: This approval is notable for achieving NIW approval after RFE review without recommendation or testimonial letters while undergoing multiple service center transfers.
O-1A Approval After RFE (1)
#5: O-1A in Pharmaceutical Science
This O-1A approval involved a Scientist II working in industry, born in China and residing in the United States, who proposes to continue in the same role. Filed in Pharmaceutical Science, the approval followed a prior EB-1B petition that received an RFE from Officer XM1333 and was subsequently approved, before the O-1A petition was ultimately secured.
The applicant held a STEM Ph.D. and presented a scholarly record consisting of 5 publications and 138 citations, including peer-reviewed work published as recently as 2024. The filing was supported by four recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the California Service Center utilizing upfront premium processing.
Notable: This approval is notable for achieving O-1A approval following a prior EB-1B petition that received an RFE and was approved.
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.