7 Approvals After RFE on May 26, 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 seven approvals achieved after RFE review, including three EB-1A approvals, three NIW approvals, and one O-1A approval. These cases reflect procedural transfers between service centers, premium processing upgrades during adjudication, refiled petitions following earlier denials, and approvals supported by both extensive and developing scholarly profiles. Together, these outcomes demonstrate that favorable adjudications remain achievable even after intensified review and procedural complexity.
Cases With Inherent Challenges
Multiple Transfers Between Service Centers
Several approvals involved petitions that moved between the Nebraska Service Center and the Texas Service Center during adjudication, including cases that later transferred back to the original service center before approval. Such procedural movement increases complexity because the filing must remain persuasive and internally consistent while being reviewed across different adjudicative environments and officer perspectives.
Prior Denial Before Subsequent Approval
One NIW approval involved a refiled petition after an earlier NIW filing had received an RFE and was ultimately denied. Refiled petitions following adverse adjudicative history face additional scrutiny because the later filing must overcome earlier concerns while continuing to satisfy the governing legal standards under renewed review.
Diverse Scholarly Profiles Under Heightened Review
The approvals reflected a wide range of scholarly records, from applicants with citation counts exceeding five thousand citations to filings supported by comparatively modest publication and citation histories. These cases demonstrate that approval after RFE review may depend not only on numerical metrics, but also on the overall coherence of the evidentiary presentation, the applicant’s professional consistency, and the strategic alignment between the proposed endeavor and the petition category.
EB-1A Approvals After RFE (3)
#1: EB-1A in Biomedical Science
This EB-1A approval involved a Scientist II working in industry, born in India and residing in the United States, who proposes to continue in the same employment role. Filed in Biomedical Science, the petition received an RFE from Officer XM2431 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a highly substantial scholarly profile consisting of 16 publications and 4,190 citations, although the most recent peer-reviewed publication dated to 2022. The filing included four recommendation letters and proceeded without testimonial letters.
The petition proceeded through the Texas Service Center with a premium processing upgrade.
#2: EB-1A in Biotechnology
This EB-1A approval involved a Postdoctoral Research Associate, born in India and residing in the United States, who proposes to continue in the same employment position. Filed in Biotechnology, the petition received an RFE from Officer XM2042 before approval was ultimately achieved.
The applicant held a STEM Ph.D. and demonstrated a strong scholarly profile consisting of 19 publications and 2,315 citations, including peer-reviewed work published as recently as 2025. The filing included four recommendation letters and proceeded without testimonial letters.
The case was adjudicated through the Texas Service Center with upfront premium processing.
#3: EB-1A in Computational Biology
This EB-1A approval involved a Postdoctoral Fellow who proposes to become a Researcher in Computational Biology. Born in China and residing in the United States, the applicant received an RFE from Officer XM2415 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a strong record consisting of 19 publications and 745 citations, with peer-reviewed work published as recently as 2024. The filing included three recommendation letters and proceeded without testimonial letters.
The adjudication involved a transfer from the Nebraska Service Center to the Texas Service Center with a premium processing upgrade.
NIW Approvals After RFE (3)
#4: NIW in Molecular Biology
This NIW approval involved a Postdoctoral Scholar, born in India and residing in the United States, who proposes to become a Research Senior Associate. Filed in Molecular Biology, the applicant received an RFE from the Texas Service Center before approval was ultimately achieved.
The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 6 publications and 115 citations, including peer-reviewed work published as recently as 2024. The filing proceeded without supporting letters.
The adjudication involved transfers from the Nebraska Service Center to the Texas Service Center and later back 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 and undergoing multiple transfers between service centers.
#5: NIW in Organic Chemistry
This NIW approval involved a Ph.D. candidate, born in China and residing in the United States, who proposes to become a Postdoctoral Researcher. Filed in Organic Chemistry, the petition received an RFE from Officer XM2229 before approval was ultimately secured.
The applicant held a STEM master’s degree and presented a focused scholarly profile consisting of 3 publications and 137 citations, with peer-reviewed work published as recently as 2022. The filing proceeded without supporting letters.
The petition underwent transfers from the Nebraska Service Center to the Texas Service Center and later back 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 and undergoing multiple transfers between service centers.
#6: NIW in Computer Science
This NIW approval involved a Machine Learning Engineer working in industry, born in China and residing in the United States, who proposes to continue in the same employment role. Filed in Computer Science, the approval followed an earlier NIW petition that had received an RFE from Officer EX5110 and was ultimately denied before the later refiled NIW petition secured approval.
The applicant held a STEM master’s degree and presented a developing scholarly profile consisting of 2 publications and 57 citations, with peer-reviewed work published as recently as 2021. The filing included ten recommendation letters and proceeded without testimonial letters.
The case proceeded through the Nebraska Service Center with upfront premium processing.
Notable: This approval is notable for securing NIW approval through a refiled petition after an earlier NIW filing had received an RFE and was ultimately denied.
O-1A Approval After RFE (1)
#7: O-1A in Computational Medicine
This O-1A approval involved a Chief Executive Officer in industry, born in China and residing in the United States, who proposes to continue in the same employment role. Filed in Robotics, 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 highly substantial scholarly profile consisting of 16 publications and 5,758 citations, including 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.