A Request for Evidence, or RFE, is not a final adjudication outcome, but it reflects a more demanding stage of review in the I-140 adjudication process. In employment-based immigrant petitions, an RFE generally indicates that the adjudicating officer requires a clearer articulation of eligibility, a stronger evidentiary connection between the applicant’s accomplishments and the governing legal standard, or additional clarification regarding the applicant’s proposed work and broader impact. Once a petition enters this stage, the filing is evaluated under heightened scrutiny and must remain strategically positioned, internally consistent, and well-supported to ultimately secure approval.

The following success stories highlight three I-140 approvals achieved after RFE review or prior adverse adjudication history, including one EB-1A approval and two NIW approvals. These cases reflect refiled petitions following earlier denials, service center transfers during adjudication, premium processing upgrades, and approvals secured with comparatively modest scholarly records, demonstrating that successful outcomes remain achievable even after intensified scrutiny and procedural complexity.

Cases With Inherent Challenges

Prior Denial Before Subsequent Approval

One approval involved a refiled EB-1A petition following an earlier EB-1A filing that had received an RFE and was ultimately denied. The refiled petition also received an RFE before approval, adding complexity because the subsequent filing had to overcome prior adjudicative concerns while remaining strong enough to withstand renewed scrutiny.

Procedural Transfers and Varied Adjudicative Paths

The approvals also reflected differing procedural circumstances, including transfers between the Nebraska Service Center and the Texas Service Center, upfront premium processing filings, and premium processing upgrades during adjudication. Such procedural movement increases adjudicative complexity because the petition must remain consistent and persuasive across changing review environments and officer perspectives.

Limited Scholarly Profiles and Supporting Documentation

Some approvals involved applicants with comparatively developing scholarly records, including low publication counts and limited citation histories. In these cases, the petitions relied more heavily on the applicants’ technical specialization, professional consistency, and the overall coherence of the evidentiary presentation during RFE review.

EB-1A Approval After RFE (1)

#1: EB-1A in Computer Vision

This EB-1A approval involved an Applied Scientist in industry, born in China and residing in the United States, who proposes to work as a Computer Vision Researcher. Filed in Computer Vision, the approval followed an earlier EB-1A petition that had received an RFE from Officer XM2031 and was ultimately denied before the later refiled EB-1A petition received an additional RFE from Officer XM1258 and ultimately secured approval.

The applicant held a STEM Ph.D. and presented a substantial scholarly profile consisting of 16 publications and 867 citations, with peer-reviewed work published as recently as 2024. The filing included four recommendation letters and two testimonial letters.

The adjudication involved a transfer from the Nebraska Service Center to the Texas Service Center with a premium processing upgrade during adjudication.

Notable: This approval is notable for securing approval through a refiled EB-1A petition that received its own RFE after the applicant’s earlier EB-1A filing had also received an RFE and was denied. 

NIW Approvals After RFE (2)

#2: NIW in Paper and Printing Science

This NIW approval involved a Project Engineer Advisor in industry, born in India and residing in the United States, who proposes to continue in the same role. Filed in Paper and Printing Science, the petition received an RFE from Officer XM2560 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a focused scholarly profile consisting of 5 publications and 64 citations, including peer-reviewed work published as recently as 2023. The filing included four recommendation letters and proceeded without testimonial letters.

The petition was adjudicated with upfront premium processing through the Nebraska Service Center.

#3: NIW in Software Engineering

This NIW approval involved a Ph.D. student, born in Pakistan and residing in the United States, who proposes to work as a Research Scientist. Filed in Software Engineering, the petition received an RFE from the Nebraska Service Center before approval was ultimately achieved.

The applicant held a STEM master’s degree and presented a developing scholarly profile consisting of 2 publications and 24 citations, with peer-reviewed work published as recently as 2024. The filing included two recommendation letters and proceeded without testimonial letters.

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