A Request for Evidence, or RFE, is not a final adjudication outcome, but rather a more demanding stage of review in the I-140 adjudication process. 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, including one EB-1A approval and two NIW approvals. These cases reflect procedural transfers between service centers, premium processing upgrades during adjudication, approvals involving both STEM and non-STEM backgrounds, and filings supported by varied scholarly profiles, demonstrating that favorable outcomes remain achievable even after intensified scrutiny and evolving adjudicative circumstances.

Cases With Inherent Challenges

Procedural Transfers Between Service Centers

One approval involved a petition that was transferred from the Nebraska Service Center to the Texas Service Center and later transferred back to the Nebraska Service Center during adjudication. Such procedural movement increases complexity because the filing must remain persuasive and internally consistent while being reviewed across changing adjudicative environments and officer perspectives.

Diverse Evidentiary Profiles Under RFE Review

The approvals involved applicants with different professional settings, academic records, and fields of expertise, including both research-centered and industry-focused roles. These variations required each petition to present a clear connection between the applicant’s background, proposed work, and broader field impact while responding effectively to heightened RFE review.

EB-1A Approval After RFE (1)

#1: EB-1A in Artificial Intelligence

This EB-1A approval involved an Assistant Professor, born in Taiwan and residing in the United States, who proposes to continue in the same role. Filed in Artificial Intelligence, the petition received an RFE from Officer XM2084 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a substantial scholarly profile consisting of 30 publications and 1,266 citations, with peer-reviewed work published as recently as 2025. The filing included two recommendation letters and proceeded without testimonial letters.

The petition proceeded through the Texas Service Center with a premium processing upgrade during adjudication.

NIW Approvals After RFE (2)

#2: NIW in Impact Finance

This NIW approval involved a Senior Associate in industry, born in India and residing in the United States, who proposes to continue in the same role. Filed in Impact Finance, the petition received an RFE from the Texas Service Center before approval was ultimately achieved.

The applicant held an M.B.A. and presented a focused scholarly profile consisting of 5 publications and 30 citations, with peer-reviewed work published as recently as 2017. The filing included one recommendation letter and four testimonial letters.

The adjudication involved procedural transfers from the Nebraska Service Center to the Texas Service Center and later back to the Nebraska Service Center with upfront premium processing.

Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field while the petition underwent multiple service center transfers during adjudication.

#3: NIW in Public Health

This NIW approval involved a Senior Statistician working in industry, born in Vietnam and residing in the United States, who proposes to continue in the same role. Filed in Public Health, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM master’s degree and presented a credible scholarly profile consisting of 11 publications and 60 citations, including peer-reviewed work published as recently as 2024. The filing included four recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Texas Service Center with a premium processing upgrade.