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.

Cases With Inherent Challenges

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.

EB-1A Approvals After RFE (1)

#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.

NIW Approvals After RFE (3)

#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.

#3: NIW in Biological Sciences

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.

#4: NIW in Medicinal Chemistry

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.

O-1A Approvals After RFE (1)

#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.

Notable: This case stands out for securing O-1A approval after RFE scrutiny while maintaining a strong research profile grounded in recent peer-reviewed work.

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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.

Track Record of Success EB-1 and NIW Approvals

(2020.01 - 2024.12)

Category	Approval or Refund^®		Approval or Refiling^TM
Category	Approved Sum	Success Rate	Approved Sum	Success Rate
NIW	28,946	99.52%	3,030	98.31%
EB1A	4,322	91.76%	2,870	88.91%
EB1B	793	98.51%	236	90.77%
Total	34,061	98.44%	6,136	93.39%