A Request for Evidence, or RFE, is not a final adjudication outcome, but it does indicate that the petition has entered a more demanding stage of review. In the I-140 context, an RFE reflects the adjudicating officer’s need for a clearer articulation of eligibility, a stronger evidentiary connection between the applicant’s record and the governing legal standard, or a more persuasive explanation of the proposed work. Once a case progresses beyond this stage, the petition is evaluated under heightened scrutiny and must remain coherent, consistent, and well-supported to achieve approval.

The following two success stories highlight I-140 approvals secured after RFE review, including one EB-1A approval and one NIW approval. These cases demonstrate how differences in scholarly metrics, procedural movement, and evidentiary support can influence adjudication complexity while still leading to a favorable outcome.

Cases With Inherent Challenges

Variability in Citation Records

One case involved an applicant with a limited citation record despite recent publications, reflecting an early-stage research profile. In such situations, the petition must rely more heavily on demonstrating the forward-looking impact and relevance of the applicant’s work rather than purely established citation-based influence.

Service Center Transfer During Adjudication

One petition was transferred from the Nebraska Service Center to the Texas Service Center before final adjudication. This type of procedural movement introduces additional complexity, as the petition must remain consistent and persuasive across different adjudicating environments.

Limited Use of Supporting Letters

Both petitions proceeded without recommendation letters, and one also included no testimonial letters. This made the objective record and the overall petition narrative especially important in connecting the applicants’ achievements to the applicable legal standard.

EB-1A Approvals After RFE (1)

#1: EB-1A in Computer Science

This EB-1A approval involved a Ph.D. candidate, born in Taiwan and residing in the United States, who proposes to become a Research Scientist in industry. Filed in Computer Science, the petition received an RFE from Officer XM1960 before approval was ultimately secured.

The applicant presented a developing yet credible scholarly record, with 10 publications and 679 citations, including recent peer-reviewed work published in 2025. The petition proceeded without recommendation letters and included one testimonial letter.

The case followed a procedurally complex path, transferring from the Nebraska Service Center to the Texas Service Center, with a premium processing upgrade.

Notable: This approval is notable for securing EB-1A approval after RFE review and a service center transfer.

NIW Approvals After RFE (1)

#2: NIW in Electrical Engineering

This NIW approval involved a Graduate Research Assistant transitioning into an Optical Research Scientist in industry, born in Taiwan and residing in the United States. Filed in Electrical Engineering, the petition received an RFE from Officer 0038 before approval was ultimately secured.

The applicant held a Ph.D. and presented an early-stage scholarly profile consisting of 7 publications and 9 citations, with the most recent peer-reviewed work published in 2025. The petition proceeded without any supporting letters.

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

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