A Request for Evidence (RFE) does not signify the end of a case. The following nine success stories represent I-140 petitions that were initially issued an RFE but were ultimately approved. These outcomes reflect our firm’s experience addressing complex adjudication issues, including cases involving heightened scrutiny and inherent challenges.
Cases With Inherent Challenges
Many of the approvals in this batch involved profiles that commonly receive additional scrutiny from USCIS. Our team has substantial experience preparing well-documented petitions for clients in these circumstances.
EB-1A Without a Ph.D.
Two of the three EB-1A approvals in this batch were for applicants holding only a master’s degree. While EB-1A does not require a Ph.D., applicants without a doctoral degree may face heightened scrutiny. Through careful legal argumentation and comprehensive documentation of extraordinary ability, we have successfully represented numerous applicants without doctoral degrees in securing EB-1A approval.
Filing Without an Advanced Degree
One of the most common strategic considerations clients face is whether to wait until completion of a master’s or Ph.D. degree before filing. Waiting may provide a straightforward path to meeting the EB-2 advanced degree requirement, but it can also delay filing by years.
For clients who elect not to wait, we file under either the bachelor’s degree plus five years of progressive experience pathway or the exceptional ability classification. These classifications are frequently scrutinized and often result in RFEs. In this batch, Case #5 is a representative example: the client filed as a Ph.D. student without an advanced degree, claimed eligibility under both exceptional ability and the bachelor’s plus five years pathway, received an RFE, and was ultimately approved.
Filing From Outside the United States
Case #8 involved an applicant residing in Vietnam at the time of filing. Filing from abroad introduces additional complexity, as adjudicators may closely examine the applicant’s proposed U.S.-based endeavor and future plans. Our team has extensive experience preparing persuasive NIW petitions for applicants residing outside the United States that satisfy all three prongs of the NIW framework.
Non-STEM and Non-Traditional Research Profiles
Several approvals in this batch involved non-STEM designated fields and non-traditional research classifications, both of which may face additional scrutiny. Case #7, a neuroscience postdoctoral scholar, was approved in a non-STEM designated field with 38 citations. Cases #8 and #9 involved non-traditional research profiles with low citation counts (14 and 23 respectively) and were approved after RFE.
Client names have been omitted to protect confidentiality. Each summary includes the applicant’s category, field, country of birth, current residence, credentials, letters submitted, service center, and premium processing strategy.
EB-1A Approvals After RFE (3)
#1: EB-1A in Embodied AI
Our client, born in Indonesia and currently residing in the United States, is a Ph.D. Candidate transitioning to a Research Scientist role in industry. The petition was approved under EB-1A in Embodied AI after receipt of an RFE.
The applicant holds an M.S. and had 13 publications and 791 citations at the time of filing.
The petition was supported by 4 recommendation letters.
Adjudicated at the NSC (transferred to TSC, then back to NSC) with premium processing upgrade.
Notable: The case was transferred from NSC to TSC and then back to NSC prior to approval. The applicant secured EB-1A classification with a master’s degree, demonstrating that a Ph.D. is not a prerequisite for EB-1A eligibility.
#2: EB-1A in Computational Pathology
Our client, born in Pakistan and currently residing in the United States, is a Postdoctoral Fellow. The petition was approved under EB-1A in Computational Pathology after receipt of an RFE.
The applicant holds a Ph.D. and had 16 publications and 387 citations at the time of filing.
The petition was supported by 2 recommendation letters.
Adjudicated at the TSC with upfront premium processing.
#3: EB-1A in Computer Science
Our client, born in Taiwan and currently residing in the United States, is a Ph.D. Candidate transitioning to a Postdoctoral Associate role. The petition was approved under EB-1A in Computer Science after receipt of an RFE.
The applicant holds an M.S. and had 14 publications and 2,104 citations at the time of filing.
The petition was supported by 6 recommendation letters.
Adjudicated at the TSC with upfront premium processing.
Notable: Another EB-1A approval for an applicant holding a master’s degree rather than a Ph.D. With over 2,100 citations, the case was structured to emphasize the applicant’s substantial research impact.
NIW Approvals After RFE (6)
#4: NIW in Condensed Matter Physics
Our client, born in Sri Lanka and currently residing in the United States, is a Research Scientist. The NIW petition in Condensed Matter Physics was approved after receipt of an RFE.
The applicant holds a Ph.D. and had 8 publications and 45 citations at the time of filing.
The petition was supported by 2 recommendation letters.
Adjudicated at the TSC without premium processing (364 days).
Notable: Approved with 45 citations following RFE.
#5: NIW in Computational Materials Science
Our client, born in China and currently residing in the United States, is a Ph.D. Student transitioning to a Software Development Engineer role. The NIW petition in Computational Materials Science was approved after receipt of an RFE.
The applicant does not hold an advanced degree and claimed eligibility under both the exceptional ability classification and the bachelor’s degree plus five years of progressive experience pathway. At filing, the applicant had 5 publications and 93 citations.
The petition was supported by 2 recommendation letters.
Adjudicated at the NSC (transferred to TSC, then back to NSC) with upfront premium processing.
Notable: The applicant elected to file without waiting to complete an advanced degree and pursued both exceptional ability and bachelor’s plus five years pathways. The case received an RFE and was transferred between service centers before ultimate approval.
#6: NIW in Cancer Immunology
Our client, born in Canada and currently residing in the United States, is a Senior Scientist in industry. The NIW petition in Cancer Immunology was approved after receipt of an RFE.
The applicant holds a Ph.D. and had 6 publications and 134 citations at the time of filing.
This petition was submitted without recommendation or testimonial letters.
Adjudicated at the NSC (transferred to TSC, then back to NSC) with premium processing upgrade.
Notable: Approved without recommendation or testimonial letters despite receipt of an RFE. The case was transferred between service centers prior to approval.
#7: NIW in Neuroscience
Our client, born in Pakistan and currently residing in the United States, is a Postdoctoral Scholar. The NIW petition in Neuroscience was approved after receipt of an RFE.
The applicant holds a Ph.D. and had 15 publications and 38 citations at the time of filing.
The petition was supported by 4 recommendation letters.
Adjudicated at the NSC (transferred to TSC, then back to NSC) with premium processing upgrade. This case was filed in a non-STEM designated field.
Notable: Approved in a non-STEM designated field with 38 citations following RFE. The case was transferred between service centers prior to approval.
#8: NIW in Power Systems
Our client, born in Vietnam and currently residing in Vietnam, transitioned from a Developmental Intern to a Development Engineer role in industry. The NIW petition in Power Systems was approved after receipt of an RFE.
The applicant holds an M.S. and had 8 publications and 14 citations at the time of filing.
The petition was supported by 2 recommendation letters.
Adjudicated at the TSC with premium processing upgrade.
Notable: The applicant was residing outside the United States at the time of filing. Approved with 14 citations following RFE. Filing from abroad adds complexity to case preparation and adjudication.
#9: NIW in Bio-robotics in Telerehabilitation Systems
Our client, born in Bangladesh and currently residing in the United States, is a Ph.D. Student transitioning to a Postdoctoral Researcher role. The NIW petition in Bio-robotics in Telerehabilitation Systems was approved after receipt of an RFE.
The applicant holds an M.S. and had 10 publications and 23 citations at the time of filing.
The petition was supported by 2 recommendation letters.
Adjudicated at the NSC, later transferred to the TSC, with premium processing upgrade.
Notable: Approved with 23 citations following RFE.
--------------------------------------------North America Immigration Law Group (Chen Immigration Law Associates) is a U.S. immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 U.S. states regarding I-140 immigration petitions. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: EB2-NIW (National Interest Waiver), EB1-A (Alien of Extraordinary Ability), EB1-B (Outstanding Researcher/Professor) and O-1 (Alien of Extraordinary Ability).
Our Sixty-four Thousand I-140 Approvals Provide Unprecedented Insight into the USCIS Adjudication Trend
With nearly 64,000 EB-1A, EB-1B, EB-2 NIW and O-1 cases approved, we have first hand information on the manner in which the USCIS adjudicate I-140 cases. As the USCIS has constantly changed its adjudication standards for the EB-1A, EB-1B and EB-2 NIW categories, our firm's huge database of successful cases gives you unprecedented insight to USCIS adjudication trends. We carefully analyze the data for all of our cases and apply the results of our analyses toward giving our clients up-to-date advice and adapting our strategies such that we remain on par with the ever-shifting landscape of immigration law in the U.S. With us, you will always have access to important updates, strategies, and information so that you can make the most informed decisions about your case.
We Have Helped Tens of Thousands of Clients with Credentials and Backgrounds Similar to Yours
With our exceedingly large number of successful petitions, no matter what credentials you have, no matter your background and field of expertise, no matter your visa status or nationality, chances are we have helped hundreds or even thousands of clients just like you. Our clients are usually impressed with how well we understand their research and work. Our insight and understanding stems from the fact that we have handled many cases with elements similar to yours already, and this helps us devise the best strategies for each individual petition.
Vast Majority of Clients Came to Us Because of Referrals
For years, our firm has attracted new clients based solely on word of mouth, recommendations, and the positive collaboration experiences shared with them by their friends and family. We take pride in our reputation and work hard to ensure that we provide a green card application experience that our clients are happy to share with their friends and colleagues. That is how our cumulative total of approved cases grew from 600 in 2013 to nearly 64,000 in 2025.
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