A Request for Evidence, or RFE, is not a final adjudication outcome. In the I-140 context, it typically reflects the adjudicating officer’s need for a clearer explanation of eligibility, a stronger evidentiary connection between the applicant’s record and the governing legal standard, or a more persuasive account of the applicant’s proposed work and future role. Even when approval is ultimately secured, an RFE marks a more demanding stage of review in which the petition must remain coherent and persuasive under closer scrutiny.

The following success stories highlight two I-140 approvals secured after prior RFE review or a more complicated procedural history, consisting of one EB-1A approval and one NIW approval. These matters reflect several forms of adjudicative complexity, including approval after RFE and meaningful variation in evidentiary presentation, scholarly output, and processing strategy.

Cases With Inherent Challenges

Differences in Evidentiary Support

These cases also show substantial variation in supporting documentation. One petition included four recommendation letters without testimonial letters, and another petition was approved without any recommendation or testimonial letters at all. This range illustrates that post-RFE approval can still be achieved through different evidentiary approaches, provided the overall petition remains persuasive.

Variation in Scholarly Profiles and Processing Strategy

The approved applicants presented publication records ranging from 14 to 59 publications and citation counts from 417 to 1,869, with the latest peer-reviewed work dating from 2024 to 2025. These differences show that success after RFE review does not depend on a single academic or procedural profile.

EB-1A Approvals After RFE (1)

#1: EB-1A in Earth Data Science

This EB-1A approval involved a Research Associate born in Brazil and residing in the United States, who proposes to continue in the same role. Filed in Earth Data Science, the petition received an RFE from Officer EX0718 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a highly developed scholarly profile consisting of 59 publications and 1,869 citations, with the latest peer-reviewed publication dating to 2025. The filing was supported by four recommendation letters and no testimonial letters.

The case proceeded through the Nebraska Service Center with a premium processing upgrade.

NIW Approvals After RFE (1)

#2: NIW in Nanomedicine

Born in Vietnam and residing in the United States, this applicant is a Researcher in Nanomedicine and proposes to work as a Postdoctoral Associate. Filed in Nanomedicine, the petition received an RFE from Officer XM1910 before approval was secured.

The applicant held a STEM Ph.D. and presented a developed scholarly record of 14 publications and 417 citations, with the latest peer-reviewed publication dating to 2024. The petition proceeded without any supporting letters.

The case was adjudicated at the Texas Service Center with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review without any recommendation or testimonial letters.