A Request for Evidence (RFE) does not signify the end of a case. In many I-140 filings, an RFE reflects the adjudicator’s request for clearer evidence, tighter framing, or more direct support for eligibility, especially when the record includes uncommon fact patterns, limited traditional documentation, or prior procedural history. The following three success stories highlight petitions that moved forward despite RFE-related complexity, including prior denials or refiled strategies, service center movement, and adjudication by specific officers.

Cases With Inherent Challenges

Complex Procedural History Across NIW Filings

Two approvals in this set involved NIW cases with layered adjudication history, including one matter that followed an earlier EB-1A RFE and denial before the NIW petition moved forward to approval. When a file has prior scrutiny in the background, the NIW presentation must be especially disciplined so the adjudicator can evaluate the evidence under the NIW framework without confusion from earlier positioning, and so any previously flagged issues are addressed with clear, well-organized documentation.

Filing From Outside the United States

One approval involved an applicant residing abroad at the time of filing. In these situations, adjudicators often examine whether the record supports a credible U.S. forward plan and whether the proposed endeavor is explained with enough specificity to show how the work will continue in the United States. A strong NIW filing typically connects the applicant’s existing achievements to a realistic U.S.-based trajectory, while keeping the narrative tightly grounded in the documented record.

Early Career Profiles With Concentrated Impact

This group also included trainees and students transitioning into advanced clinical or industry roles. Early career profiles can draw additional scrutiny because adjudicators may look for sustained influence over time rather than a short burst of activity. In these NIW approvals, the record supported impact that was already visible through objective indicators such as citation reliance and peer-validated publication output, even where the total number of publications was modest.

Limited Letter Support

These approvals also illustrate that NIW cases can succeed with minimal letter support. All three approvals proceeded without recommendation letters, and one case included only a single testimonial letter. In such filings, the petition must rely more heavily on objective documentation and a coherent evidentiary narrative that demonstrates independent recognition and the practical relevance of the proposed work within the NIW framework.

NIW Approvals After RFE (3)

#1: NIW in Artificial Intelligence

Our client, born in Taiwan and currently residing in the United States, is a Ph.D. student and will transition to a research scientist role in industry. The pending EB1A petition receives an RFE from Officer XM1960.

At the time of filing, the client held an M.S. and presented 8 publications with 319 citations, with the most recent peer-reviewed publication dated 2024.

The case was adjudicated at the NSC, and the strategy included a Premium Processing upgrade after initial filing.

Notable: The case advanced without recommendation or testimonial letters, which placed added importance on objective indicators such as the publication record, citation reliance, and recent peer-reviewed output.

#2: NIW in Diagnostic and Interventional Radiology

Our client, born in South Korea and currently residing in South Korea, is an assistant professor and pursued a petition in diagnostic and interventional radiology. The adjudication history reflected heightened scrutiny, including an earlier RFE issued by the TSC.

The client holds an M.S. and submitted 19 publications with 167 citations, with the latest peer-reviewed publication dated 2023.

This case was adjudicated at the TSC without Premium Processing and required 598 days of processing, reflecting the additional time often seen in complex files with prior adverse history and non-premium adjudication.

Notable: The approval followed a documented EB-1A RFE and denial history, highlighting the importance of resetting the case narrative with a focused NIW framework rather than relying on prior petition positioning.

#3: NIW in Translational Neuroscience

Our client, born in South Korea and currently residing in the United States, is an M.D. student transitioning toward residency training as a resident physician. The NIW petition in translational neuroscience was approved after an RFE issued by Officer XM1910, with the record emphasizing a concentrated impact profile despite a relatively short publication list.

At filing, the client held an M.S. and presented 3 publications with 163 citations, with the most recent peer-reviewed publication dated 2024.

The case was first adjudicated at the NSC, transferred to the TSC, and then returned to the NSC before approval, and the strategy included a Premium Processing upgrade during the process.

Notable: The service center transfers, combined with RFE scrutiny, underscore how procedural movement can occur even when the core evidence is strong, particularly for early career profiles where citation reliance becomes a central indicator of independent validation.

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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.

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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%