9 Approvals After RFE on May 19, 2026
A Request for Evidence, or RFE, is not a final adjudication outcome but rather a more demanding stage of review in the adjudication process. In employment-based immigrant 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 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 nine approvals achieved after RFE review, including three EB-1A approvals, five NIW approvals, and one O-1A approval. These cases reflect varied scholarly profiles, procedural transfers between service centers, extended adjudication timelines, and filings that proceeded with limited supporting documentation, demonstrating that approval remains achievable even after intensified scrutiny and evolving adjudicative circumstances.
Cases With Inherent Challenges
Procedural Transfers Between Service Centers
Several petitions underwent procedural transfers between the Nebraska Service Center and the Texas Service Center during adjudication. Such movement adds complexity because the petition must remain internally consistent and persuasive while being reviewed across different adjudicative environments and officer perspectives.
Limited Supporting Documentation
Some approvals proceeded without recommendation letters or testimonial letters despite receiving RFEs during adjudication. In these cases, the petitions relied more heavily on the applicants’ objective scholarly records, professional consistency, and the overall coherence of the evidentiary presentation.
Extended Adjudication Timelines and Varied Processing Paths
The approvals also reflected differing procedural paths, including upfront premium processing filings, premium processing upgrades during adjudication, and at least one petition that remained pending for well over a year without premium processing before approval was secured. These varied timelines required the filings to maintain evidentiary strength and consistency throughout prolonged review periods.
EB-1A Approvals After RFE (3)
#1: EB-1A in Chemistry
This EB-1A approval involved a Process Engineer 3 in industry, born in China and residing in the United States, who proposes to work as a Chemist. Filed in Chemistry, the petition received an RFE from the Texas Service Center before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a focused scholarly profile consisting of 8 publications and 354 citations, with peer-reviewed work published as recently as 2021. The filing included four recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Texas Service Center with a premium processing upgrade.
#2: EB-1A in Biostatistics
This EB-1A approval involved a Postdoctoral Research Fellow, born in China and residing in the United States, who proposes to continue in the same role. Filed in Biostatistics, the petition received an RFE from Officer EX0272 before approval was ultimately achieved.
The applicant held a STEM master’s degree and presented a credible scholarly profile consisting of 15 publications and 296 citations, including recent peer-reviewed work published in 2025. The filing included four recommendation letters and proceeded without testimonial letters.
The case proceeded through the Texas Service Center with upfront premium processing.
#3: EB-1A in Statistical Genomics
This EB-1A approval involved a Postdoctoral Fellow, born in India and residing in the United States, who proposes to continue in the same role. Filed in Statistical Genomics, the petition received an RFE from Officer XM1320 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a substantial scholarly profile consisting of 23 publications and 301 citations, with peer-reviewed work published as recently as 2025. The filing included four 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 upfront premium processing.
Notable: This approval is notable for securing EB-1A approval after RFE review while the petition underwent multiple transfers between service centers during adjudication.
NIW Approvals After RFE (5)
#4: NIW in Artificial Intelligence
This NIW approval involved an Artificial Intelligence Researcher, born in Vietnam and residing in the United States, who proposes to work as an Associate Professor of Supply Chain Management. Filed in Artificial Intelligence, the petition received an RFE from Officer NSC0032 before approval was ultimately achieved.
The applicant held a STEM master’s degree and presented a developing scholarly profile consisting of 4 publications and 14 citations, with peer-reviewed work published as recently as 2022. The filing proceeded without any supporting letters.
The petition was adjudicated through the Nebraska Service Center with upfront premium processing.
Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters.
#5: NIW in Materials Science
This NIW approval involved a Postdoctoral Research Fellow, born and residing in Pakistan, who proposes to continue in the same role. Filed in Materials Science, the petition received an RFE from Officer XM2431 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a persuasive scholarly profile consisting of 12 publications and 188 citations, including peer-reviewed work published as recently as 2023. The filing included two recommendation letters and proceeded without testimonial letters.
The petition was adjudicated through the Texas Service Center without premium processing and remained pending for 682 days before approval was secured.
Notable: The applicant was residing outside the United States at the time of filing.
#6: NIW in Artificial Intelligence
This NIW approval involved a Senior Software Development Engineer in industry, born in India and residing in the United States, who proposes to continue in the same role. Filed in Artificial Intelligence, the petition received an RFE from Officer XM2513 before approval was ultimately achieved.
The applicant held a STEM Ph.D. and presented a developing scholarly profile consisting of 4 publications and 46 citations, with peer-reviewed work published as recently as 2024. The filing included two 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 NIW approval after RFE review while the petition underwent multiple service center transfers during adjudication.
#7: NIW in Electrical and Computer Engineering
This NIW approval involved a Machine Learning Scientist, born in China and residing in the United States, who proposes to continue in the same role. Filed in Electrical and Computer Engineering, the petition received an RFE from Officer XM2447 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a focused scholarly profile consisting of 5 publications and 37 citations, including recent peer-reviewed work published in 2025. The filing included two recommendation letters and proceeded without testimonial letters.
The petition experienced 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 NIW approval after RFE review while navigating multiple service center transfers.
#8: NIW in Human-Centric Perception
This NIW approval involved a Machine Learning Researcher (Senior Engineer) in industry, born in China and residing in the United States, who proposes to continue in the same role. Filed in Human-Centric Perception, the petition received an RFE from Officer EX5024 before approval was ultimately secured.
The applicant held a STEM Ph.D. and presented a credible scholarly profile consisting of 11 publications and 98 citations, with recent peer-reviewed work published in 2025. The filing proceeded without any supporting letters.
The petition was adjudicated through the Nebraska Service Center with upfront premium processing.
Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters.
O-1A Approval After RFE (1)
#9: O-1A in Computational Medicine
This O-1A approval involved a Postdoctoral Fellow, born in China and residing in the United States, who proposes to continue in the same role. Filed in Computational Medicine, the applicant initially filed an EB-1A petition, followed by an O-1A petition. The EB-1A petition received an RFE from Officer XM2415 and remained pending, while the O-1A petition also received an RFE from the California Service Center before ultimately securing approval.
The applicant held a STEM Ph.D. and presented a substantial scholarly profile consisting of 35 publications and 1,790 citations, with peer-reviewed work published as recently as 2024. The filing included four recommendation letters and proceeded without testimonial letters.
The case was adjudicated through the California Service Center with upfront premium processing.
Notable: This approval is notable for securing O-1A approval after RFE review while the applicant’s separate EB-1A petition remained pending following its own RFE review.
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.