A Request for Evidence, or RFE, is not a final adjudication outcome. In many I-140 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 cases that ultimately succeed may face additional scrutiny when the procedural history includes a prior denial, a refiling strategy, or an evidentiary profile that does not fit the familiar research-driven pattern.

The following two success stories highlight I-140 approvals secured after prior RFE-related complications. These success stories include one EB-1A approval and one NIW approval. Together, these cases show that approval after an RFE depends not only on the applicant’s background, but also on whether the filing remains coherent, well supported, and durable enough to withstand closer review.

Cases With Inherent Challenges

Prior RFE History and Refiling

One of these approvals relied on a successful refiling strategy after an earlier NIW petition received an RFE from Officer XM1899 and was subsequently denied. This procedural history created a complicated path, as the later filing had to remain persuasive despite an earlier adverse outcome in the same category.

A Non-Researcher EB-1A Profile Without a Publication Record

The EB-1A approval stands out because it did not rest on a conventional research profile. The applicant worked in Technology Strategy, was identified as a non-researcher, and presented no publications or citations at all. This demonstrates that post-RFE scrutiny can also apply to cases evaluated through a completely different evidentiary lens than the familiar academic profile.

Different Premium Processing Paths

These two approvals also reflect different procedural strategies. One case moved forward with upfront premium processing, while the other reached approval through a premium processing upgrade after an earlier denied filing. This contrast proves there is no single post-RFE path to success.

Uneven Scholarly Records Under Continued Scrutiny

The two approved matters also reflect very different evidentiary profiles. One applicant secured approval with no publications and no citations, while the other presented 6 publications and 105 citations with a latest peer-reviewed publication from 2024. That range underscores a recurring feature of post-RFE adjudication, namely that officers do not assess numbers alone, but whether the full record remains persuasive under the applicable standard.

EB-1A Approvals After RFE (1)

#1: EB-1A in Technology Strategy

Born in India and residing in the United States, this Associate Director proposed to remain in the same role. The petition, filed as a non-researcher EB-1A in Technology Strategy, successfully overcame an RFE to reach approval.

Holding a STEM master’s degree, the applicant did not present any publications or citations. Instead, the filing included four recommendation letters and two testimonial letters, reflecting an evidentiary presentation built around a different type of professional record.

The case was adjudicated at the Texas Service Center and proceeded with upfront premium processing.

Notable: This case stands out for securing EB-1A approval after an RFE in a non-researcher category without any publications or citations.

NIW Approvals After RFE (1)

#2: NIW in Chemical Engineering

This NIW approval involved an applicant from Bangladesh residing in the United States, working as a Postdoctoral Fellow and proposing to remain in the same role. The initial NIW petition received an RFE from Officer XM1899 and was subsequently denied. The case was later refiled and finally approved, overcoming a more complex process than a standard first-time application.

The applicant held a STEM Ph.D. and presented 6 publications, 105 citations, and a latest peer-reviewed publication from 2024. The case also included six recommendation letters and one testimonial letter.

The case remained at the Texas Service Center through a premium processing upgrade.

Notable: This case highlights a successful refiling strategy, securing NIW approval after a prior petition received an RFE and was denied.

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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%